KA 

35 
A4 

\S95 

DOCUMENTS 
D(PT. 


UC-NRLF 


B   H   171   'US 


'MENT, 


GENERAL  LAWS, 


AMENDMENTS  TO  THE  CODES, 


AND  PROPOSED 


CONSTITUTIONAL  AMENDMENTS, 


PASSED  AT  THE  THIRTY-FIRST  SESSION  OF  THE  LEGISLATURE 
OF  THE  STATE  OF  CALIFORNIA. 


1895 


A.    J.    JOHNSTON 


SACRAMENTO: 

:       :      SUPERINTENDENT    STATE    PRINTING. 
18  9  5. 


r 


GENERAL  LAWS  OF  1895.         -fcSu 

PASSED  AT  THE  THIRTY-FIRST  SESSION  OP  THE 
CALIFORNIA  LEGISLATURE. 


CHAPTER  I. 

An  Act  to  repeal  an  Act  entitled  "An  Act  fixing  a  bounty  on 
coyote  scalps"  approved  March  31, 1891. 

[Approved  January  24,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  An  Act  entitled  "An  Act  fixing  a  bounty  on 
coyote  scalps,"  approved  March  thirty-first,  eighteen  hundred 
and  ninety-one,  is  hereby  expressly  repealed. 

Sec  2.     This  Act  shall  take  effect  immediately. 


CHAPTER  II. 

An  Act  to  amend  an  Act  entitled  "An  Act  to  establish  a  uniform 
system  of  county  and  township  governments,"  approved  March 
24,  1893,  by  amending  section  one  hundred  and  sixty-two,  relat- 
ing to  the  classification  of  counties,  and  e<  '  two  hundred 
and  sixteen,  providing  for  certain  deputies  and  certain  fees, 
and  to  insert  a  new  section  to  be  number  one  hundred  and 
seventy  and  one  half,  and  to  create  a  new  class  of  counties  of  the 
eighth  and  one  half  class,  relating  to  the  government  of  counties. 

[Approved  January  25,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows  : 

Section  1.  Section  one  hundred  and  sixty-two  of  said  Act 
is  amended  so  as  to  read  as  follows  : 

Section  162.  For  the  purpose  of  regulating  the  compensation 
of  all  officers  hereinbefore  provided  for,  the  several  counties  of 
this  State  are  hereby  classified,  and  shall  herein  remain  classi- 
fied, according  to  their  population  as  ascertained  by  the  Federal 
census  taken  the  year  eighteen  hundred  and  ninety,  or  as  other- 
wise provided  in  this  Act,  to  wit : 

All  counties  containing  a  population  of  two  hundred  thou- 
sand inhabitants  and  over  shall  belong  to  and  be  known  as 
counties  of  the  first  class.    330633 


Counties  containing  a  population  of  one  hundred  thousand 
and  under  two  hundred  thousand  shall  belong  to  and  be 
known  as  counties  of  the  second  class. 

Counties  containing  a  population  of  ninety  thousand  and 
under  one  hundred  thousand  inhabitants  shall  belong  to  and 
be  known  as  counties  of  the  third  class. 

Counties  containing  a  population  of  forty-five  thousand  and 
under  ninety  thousand  shall  belong  to  and  be  known  as  counties 
of  the  fourth  class. 

Counties  containing  a  population  of  forty  thousand  and  under 
forty-five  thousand  shall  belong  to  and  be  known  as  counties  of 
the  fifth  class. 

Counties  containing  a  population  of  thirty-four  thousand  and 
under  forty  thousand  shall  belong  to  and  be  known  as  counties 
of  the  sixth  class. 

Counties  having  a  population  of  thirty-two  thousand  five 
hundred  and  under  thirty-four  thousand  shall  belong  to  and 
be  known  as  counties  of  the  seventh  class. 

Counties  having  a  population  of  thirty-two  thousand  and 
under  thirty-two  thousand  five  hundred  shall  belong  to  and  be 
known  as  counties  of  the  eighth  class. 

Counties  having  a  population  of  thirty  thousand  and  under 
thirty-two  thousand  shall  belong  to  and  be  known  as  counties 
of  the  eighth  and  one  half  class. 

Counties  having  a  population  of  twenty-eight  thousand  and 
under  thirty  thousand  shall  belong  to  and  be  known  as  coun- 
ties of  the  ninth  class. 

Counties  having  a  population  of  twenty-five  thousand  and 
under  twenty-eight  thousand  shall  belong  to  and  be  known  as 
counties  of  the  tenth  class. 

Counties  having  a  population  of  twenty-four  thousand  and 
under  twenty-five  thousand  shall  belong  to  and  be  known  as 
counties  of  the  eleventh  class. 

Counties  having  a  population  of  twenty-three  thousand  and 
under  twenty-four  thousand  shall  belong  to  and  be  known  as 
counties  of  the  twelfth  class. 

Counties  having  a  population  of  twenty  thousand  and  under 
twenty-three  thousand  shall  belong  to  and  be  known  as  coun- 
ties of  the  thirteenth  class. 

Counties  having  a  population  of  nineteen  thousand  and 
under  twenty  thousand  shall  belong  to  and  be  known  as  coun- 
ties of  the  fourteenth  class. 

Counties  having  a  population  of  eighteen  thousand  and 
under  nineteen  thousand  shall  belong  to  and  be  known  as  coun- 
ties of  the  fifteenth  class. 

Counties  having  a  population  of  seventeen  thousand  nine 
hundred  and  under  eighteen  thousand  shall  belong  to  and  be 
known  as  counties  of  the  sixteenth  class. 

Counties  having  a  population  of  seventeen  thousand  five 
hundred  and  under  seventeen  thousand  nine  hundred  shall 
belong  to  and  be  known  as  counties  of  the  seventeenth  class. 

Counties  having  a  population  of  seventeen   thousand  and 


—   5   — 

under  seventeen  thousand  five  hundred  shall  belong  to  and  be 
known  as  counties  of  the  eighteenth  class. 

Counties  having  a  population  of  sixteen  thousand  four  hun- 
dred and  under  seventeen  thousand  shall  belong  to  and  be 
known  as  counties  of  the  nineteenth  class. 

Counties  having  a  population  of  sixteen  thousand  and  under 
sixteen  thousand  four  hundred  shall  belong  to  and  be  known  as 
counties  of  the  twentieth  class. 

Counties  having  a  population  of  fifteen  thousand  seven  hun- 
dred and  under  sixteen  thousand  shall  belong  to  and  be.  known 
as  counties  of  the  twenty-first  class. 

Counties  having  a  population  of  fifteen  thousand  and  under 
fifteen  thousand  seven  hundred  shall  belong  to  and  be  known 
as  counties  of  the  twenty-second  class. 

Counties  having  a  population  of  fourteen  thousand  and  under 
fifteen  thousand  shall  belong  to  and  be  known  as  counties  of  the 
twenty-third  class. 

Counties  having  a  population  of  thirteen  thousand  five  hun- 
dred and  eighty  and  under  fourteen  thousand  shall  belong  to 
and  be  known  as  counties  of  the  twenty-fourth  class. 

Counties  having  a  population  of  thirteen  thousand  five  hun- 
dred and  under  thirteen  thousand  five  hundred  and  eighty  shall 
belong  to  and  be  known  as  counties  of  the  twenty-fifth  class. 

Counties  having  a  population  of  thirteen  thousand  and  under 
thirteen  thousand  five  hundred  shall  belong  to  and  be  known  as 
counties  of  the  twenty-sixth  class. 

Counties  having  a  population  of  twelve  thousand  five  hundred 
and  under  thirteen  thousand  shall  belong  to  and  be  known  as 
counties  of  the  twenty-seventh  class. 

Counties  having  a  population  of  twelve  thousand  one  hundred 
and  sixty  and  under  twelve  thousand  five  hundred  shall  belong 
to  and  be  known  as  counties  of  the  twenty-eighth  class. 

Counties  having  a  population  of  twelve  thousand  and  under 
twelve  thousand  one  hundred  and  sixty  shall  belong  to  and  be 
known  as  counties  of  the  twenty-ninth  class. 

Counties  having  a  population  of  ten  thousand  three  hundred 
and  under  twelve  thousand  shall  belong  to  and  be  known  as 
counties  of  the  thirtieth  class. 

Counties  having  a  population  of  ten  thousand  and  eighty  and 
under  ten  thousand  three  hundred  shall  belong  to  and  be  known 
as  counties  of  the  thirty-first  class. 

Counties  having  a  population  of  ten  thousand  and  seventy 
and  under  ten  thousand  and  eighty  shall  belong  to  and  be 
known  as  counties  of  the  thirty-second  class. 

Counties  having  a  population  of  ten  thousand  and  under  ten 
thousand  and  seventy  shall  belong  to  and  be  known  as  counties 
of  the  thirty-third  class. 

Counties  having  a  population  of  nine  thousand  nine  hundred 
and  under  ten  thousand  shall  belong  to  and  be  known  as  coun- 
ties of  the  thirty-fourth  class. 

Counties  having  a  population  of  nine  thousand  eight  hundred 
and  under  nine  thousand  nine  hundred  shall  belong  to  and  be 
known  as  counties  of  the  thirty-fifth  class. 


—    6    — 

Counties  having  a  population  of  nine  thousand  six  hundred 
and  under  nine  thousand  eight  hundred  shall  belong  to  and  be 
known  as  counties  of  the  thirty-sixth  class. 

Counties  having  a  population  of  nine  thousand  and  under 
nine  thousand  six  hundred  shall  belong  to  and  be  known  as 
counties  of  the  thirty-seventh  class. 

Counties  having  a  population  of  eight  thousand  five  hundred 
and  under  nine  thousand  shall  belong  to  and  be  known  as  coun- 
ties of  the  thirty-eighth  class.. 

Counties  having  a  population  of  eight  thousand  and  under 
eight  thousand  five  hundred  shall  belong  to  and  be  known  as 
counties  of  the  thirty-ninth  class. 

Counties  having  a  population  of  seven  thousand  and  under 
eight  thousand  shall  belong  to  and  be  known  as  counties  of  the 
fortieth  class. 

Counties  having  a  population  of  six  thousand  four  hundred 
and  under  seven  thousand  shall  belong  to  and  be  known  as 
counties  of  the  forty-first  class. 

Counties  having  a  population  of  six  thousand  and  under  six 
thousand  four  hundred  shall  belong  to  and  be  known  as  coun- 
ties of  the  forty-second  class. 

Counties  having  a  population  of  five  thousand  four  hundred 
and  under  six  thousand  shall  belong  to  and  be  known  as  coun- 
ties of  the  forty-third  class. 

Counties  having  a  population  of  five  thousand  and  under  five 
thousand  four  hundred  shall  belong  to  and  be  known  as  coun- 
ties of  the  forty-fourth  class. 

Counties  having  a  population  of  four  thousand  nine  hundred 
and  eighty  and  under  five  thousand  shall  belong  to  and  be  known 
as  counties  of  the  forty-fifth  class. 

Counties  having  a  population  of  four  thousand  nine  hundred 
and  under  four  thousand  nine  hundred  and  eighty  shall  belong 
to  and  be  known  as  counties  of  the  forty-sixth  class. 

Counties  having  a  population  of  four  thousand  and  under 
four  thousand  nine  hundred  shall  belong  to  and  be  known  as 
counties  of  the  forty-seventh  class. 

Counties  having  a  population  of  three  thousand  seven  hun- 
dred and  eighty  and  under  four  thousand  shall  belong  to  and 
be  known  as  counties  of  the  forty-eighth  class. 

Counties  having  a  population  of  three  thousand  seven  hun- 
dred and  under  three  thousand  seven  hundred  and  eighty  shall 
belong  to  and  be  known  as  counties  of  the  forty-ninth  class. 

Counties  having  a  population  of  three  thousand  five  hundred 
and  under  three  thousand  seven  hundred  shall  belong  to  and  be 
known  as  counties  of  the  fiftieth  class. 

Counties  having  a  population  of  two  thousand  five  hundred 
and  under  three  thousand  five  hundred  shall  belong  to  and  be 
known  as  counties  of  the  fifty-first  class. 

Counties  having  a  population  of  two  thousand  and  under  two 
thousand  five  hundred  shall  belong  to  and  be  known  as  counties 
of  the  fifty-second  class. 

Counties  having  a  population  of  under  two  thousand  shall 
belong  to  and  be  known  as  counties  of  the  fifty-third  class. 


—   7   — 

Sec.  2.  A  new  section  is  hereby  added  to  said  Act,  to  be 
numbered  one  hundred  and  seventy  and  one  half,  as  follows: 

Section  170^.  In  counties  of  the  eighth  and  one  half  class, 
county  officers  shall  receive  as  compensation  for  the  services 
required  of  them  by  law,  or  by  virtue  of  their  office,  the  fol- 
lowing salaries,  to  wit: 

1.  The  County  Clerk,  seven  thousand  six  hundred  dollars 
per  annum. 

2.  The  Sheriff,  eight  thousand  dollars  per  annum. 

3.  The  Recorder,  the  fees  now  allowed  by  law  pertaining 
to  said  Recorder's  office;  provided,  that  all  books  of  record, 
printing,  and  stationery  shall  be  furnished  and  paid  for  by 
the  Recorder  out  of  his  fees.  The  style  and  quality  of  the 
same  to  be  approved  by  the  Board  of  Supervisors. 

4.  The  Auditor,  five  thousand  five  hundred  dollars  per 
annum. 

5.  The  Treasurer,  three  thousand  dollars  per  annum. 

6.  The  Tax  Collector,  seven  thousand  dollars  per  annum. 

7.  The  Assessor,  four  thousand  dollars  per  annum,  and  such 
fees  as  are  allowed  by  law. 

8.  The  District  Attorney,  five  thousand  dollars  per  annum. 

9.  The  Superintendent  of  Public  Schools,  twenty-five  hun- 
dred dollars  per  annum. 

10.  The  Public  Administrator,  such  fees  as  are  now  or  may 
hereafter  be  allowed  by  law. 

11.  The  Coroner,  five  hundred  dollars  per  annum. 

12.  The  Surveyor,  such  fees  as  are  now  or  may  hereafter  be 
allowed  by  law. 

13.  The  Constable,  such  fees  as  are  hereby  or  may  be  allowed 
by  law. 

14.  The  Justices  of  the  Peace,  such  fees  as  are  hereby  or  may 
hereafter  be  allowed  by  law. 

15.  The  Supervisors,  five  hundred  dollars  per  annum,  and 
fifteen  cents  per  mile  in  going  from  their  residences  to  the 
county  seat  at  each  meeting  of  the  Board.  Also,  four  hundred 
dollars  per  annum  each,  and  mileage  now  allowed  by  law,  for 
services  as  Road  Commissioners. 

16.  Each  county  and  township  officer  shall  be  responsible 
on  his  official  bond  for  the  official  accounts  of  each  of  his 
deputies,  and  may  at  his  own  pleasure  revoke  the  appointment 
of  any  of  said  deputies. 

17.  No  county  officer,  deputy,  or  clerk  employed  in  any  of 
the  offices  of  counties  of  this  class  shall  be  permitted  to  per- 
form the  services  of  a  Notary  Public  while  in  the  employ  of 
the  county. 

18.  The  following  county  and  township  officers  shall  charge 
and  collect  the  following  fees: 

COUNTY    CLERK. 

On  the  commencement  of  any  action  or  proceeding  in  the 
Superior  Court,  except  probate  proceedings,  or  on  an  appeal 
thereto,  to  be  paid  by  the  party  commencing  such  action  or 


—    8    — 

proceeding,  or  taking  such  appeal,  five  dollars.  On  the  filing 
of  a  petition  for  letters  of  administration,  testamentary,  or 
guardianship,  five  dollars,  to  be  paid  by  the  petitioner;  pro- 
vided, that  at  the  time  of  filing  the  inventory  and  appraise- 
ment in  any  such  proceeding  there  shall  be  an  additional 
deposit  of  five  dollars  when  the  appraised  valuation  exceeds 
five  hundred  dollars  and  is  under  ten  thousand  dollars,  and 
an  additional  ten  dollars  when  the  appraised  valuation  is  ten 
thousand  dollars  or  over.  On  the  appearance  of  any  defend- 
ant, or  any  number  of  defendants  answering  jointly,  to  be  paid 
upon  filing  the  first  paper  in  the  action  by  him  or  them,  two 
dollars.  For  every  additional  defendant  appearing  separately, 
to  be  paid  as  provided,  one  dollar.  The  foregoing  fees  shall  be 
in  full  for  all  services  rendered  by  such  Clerk  in  the  cause,  to 
and  including  the  making  up  of  the  judgment  roll.  One  dollar 
of  the  amount  paid  on  the  commencement  of  each  action  or 
proceeding  shall  belong  to  and  be  paid  to  the  Law  Library 
Fund,  as  provided  by  law.  On  the  filing  of  any  notice  of 
motion  to  move  for  a  new  trial  of  any  civil  action  or  proceed- 
ing, the  party  filing  same  shall  pay  to  the  Clerk,  in  full  for  all 
services  to  be  rendered  in  connection  with  said  motion,  except 
as  hereinafter  in  this  section  provided,  three  dollars.  The  Clerk 
shall  also  charge  and  collect  the  following  fees  and  compensa- 
tion not  above  provided  for:  For  any  copy  of  any  record,  pro- 
ceeding, or  paper  on  file  in  the  office  of  the  Clerk  relating  to  any 
civil  action  pending  in  said  Court,  where  such  copy  is  made  by 
him,  per  folio,  ten  cents.  For  each  certificate  of  the  Clerk,  under 
the  seal  of  the  Court,  twenty-five  cents.  For  filing  each  claim 
in  probate  or  insolvency  proceedings,  fifteen  cents.  No  fees 
shall  be  allowed  or  charged  by  the  Clerk  for  services  rendered 
in  any  criminal  case.  For  services  rendered  by  the  Clerk,  not 
in  connection  with  civil  actions  or  proceedings  in  Court,  he 
shall  charge  and  collect,  for  the  benefit  of  the  county,  the  fol- 
lowing fees :  For  issuing  marriage  license,  one  half  to  be  paid 
to  the  County  Recorder,  two  dollars.  For  recording  the  testi- 
mony upon  examination  of  insane  persons,  when  it  is  ascer- 
tained by  the  Judge  of  the  Superior  Court  that  the  person 
committed  has  property  sufficient  wherewith  to  pay  the  expenses 
of  his  commitment,  per  folio,  ten  cents.  For  filing  and  indexing 
all  papers  to  be  kept  by  him,  other  than  papers  filed  in  actions 
or  proceedings  in  Court,  and  official  bonds  and  certificates  of 
appointment,  each,  twenty-five  cents.  For  issuing  any  license 
required  by  law,  other  than  marriage  licenses,  one  dollar.  For 
examining  and  certifying  to  a  copy  of  any  paper,  record,  or 
proceeding  prepared  by  another,  and  presented  for  his  certifi- 
cate, fifty  cents.  For  making  satisfaction  of  or  credit  on  judg- 
ment, twenty-five  cents.  For  receiving  and  filing  remittitur 
from  Supreme  Court,  fifty  cents.  For  administering  each  oath, 
without  certificate,  except  in  a  pending  action  or  proceeding, 
ten  cents.  For  taking  any  affidavit,  except  in  pending  actions 
or  proceedings,  and  certifying  same,  twenty-five  cents.  For 
taking  and  approving  each  undertaking  and  the  justification 
thereof,  except  in  pending  actions  or  proceedings,  fifty  cents. 


—   9   — 

For  searching  records  or  files,  fifty  cents.  For  taking  acknowl- 
edgment of  any  deed  or  other  instrument,  including  the  certifi- 
cate, fifty  cents.  For  filing  notices  of  appeal  and  appeal  bonds, 
each,  ten  cents. 

SHERIFF. 

For  serving  any  process,  writ,  order,  or  paper  required  by  law 
to  be  served  by  the  Sheriff,  fifty  cents.  For  serving  a  writ  of 
attachment,  execution,  or  order  for  the  delivery  of  personal 
property,  one  dollar.  For  taking  any  bond  or  undertaking, 
fifty  cents.  For  serving  an  attachment  or  execution  on  any 
ship,  boat,  or  vessel,  three  dollars.  For  keeping  and  caring  for 
property  under  attachment  or  execution,  such  sum  as  the  Court 
may  fix;  provided,  that  no  greater  sum  than  two  dollars  per  day 
shall  be  allowed  to  a  keeper,  when  necessarily  employed.  For 
a  copy  of  any  writ,  process,  or  paper  actually  made  by  him, 
when  required  or  demanded  according  to  law,  per  folio,  ten 
cents;  provided,  that  when  correct  copies  are  furnished  to  him 
for  use,  no  charge  shall  be  made  for  such  copies.  For  advertis- 
ing sale  of  property  and  posting  notice,  or  furnishing  notice 
for  publication,  each,  fifty  cents.  For  publication  of  notice  in 
newspaper,  such  sum  as  he  may  be  required  to  pay  for  such 
publication,  not  exceeding  seventy-five  cents  per  square  for  the 
first  insertion,  twenty-five  cents  for  the  second  insertion,  and 
fifteen  cents  for  each  insertion  thereafter.  For  serving  writ  of 
possession  or  restitution,  one  dollar  and  fifty  cents.  For  sub- 
poenaing witness,  including  copy  of  subpoena,  each,  twenty-five 
cents.  For  summoning  trial  jury  of  twelve  or  less,  two  dollars; 
for  each  additional  juror,  fifteen  cents.  For  traveling  in  the 
service  of  any  paper  required  by  law  to  be  served,  for  each  mile 
actually  and  necessarily  traveled,  one  way  only,  fifteen  cents. 
No  constructive  mileage  to  be  allowed.  For  collecting  money 
on  execution,  with  or  without  levy,  one  per  cent.  For  executing 
and  delivering  Sheriff's  deed,  one  dollar  and  fifty  cents.  For 
executing  and  delivering  certificate  of  sale,  fifty  cents. 

RECORDER. 

For  recording  every  instrument,  paper,  or  notice  required  by 
law  to  be  recorded,  per  folio,  ten  cents.  For  indexing  every 
instrument,  paper,  or  notice,  for  each  name,  ten  cents.  For 
filing  every  instrument  for  record,  and  making  the  necessary 
entries  thereon,  fifteen  cents.  For  each  certificate  under  seal, 
twenty-five  cents.  For  every  entry  of  discharge,  credit,  or 
release  on  the  margin  of  record,  and  indexing  same,  twenty-five 
cents.  For  searching  the  records  of  his  office,  for  each  year, 
fifty  cents.  For  abstract  of  title,  for  each  conveyance  or  incum- 
brance, twenty-five  cents.  For  recording  each  map  or  plat,  for 
each  course,  ten  cents.  For  figures  or  letters  on  maps  or  plats, 
per  folio,  ten  cents;  provided,  that  the  fees  for  filing  and  record- 
ing any  map  shall  not  exceed  fifty  dollars.  For  taking  ac- 
knowledgment of  any  instrument,  fifty  cents.  For  recording 
marriage  license  and  certificate,  to  be  paid  by  the  County  Clerk, 


—  10  — 

one  dollar.  For  recording  transcript  and  all  services  in  estray 
cases,  one  dollar.  For  recording  each  mark  or  brand,  seventy- 
five  cents.  For  administering  each  oath  or  affirmation,  and 
certifying  the  same,  twenty-five  cents.  For  riling,  indexing, 
and  keeping  each  paper  not  required  by  law  to  be  recorded, 
twenty-five  cents. 

The  Clerk,  Sheriff,  and  Recorder  shall  account  for  all  fees  in 
this  section  provided  for,  and  the  Clerk  and  Sheriff  shall  pay 
the  same  to  the  County  Treasurer  on  the  first  Monday  of  the 
month  following  their  collection,  as  provided  in  this  Act. 

JUSTICES   OF    THE    PEACE. 

Justices  of  the  Peace  may,  for  their  own  use,  collect  the  fol- 
lowing fees,  and  no  others:  For  filing  each  paper,  five  cents. 
For  issuing  each  process,  writ,  order,  or  paper  required  by  law 
to  be  issued,  twenty-five  cents.  For  entering  every  cause  on 
the  docket,  and  indexing  same,  fifty  cents.  For  administering 
oath  or  affirmation,  ten  cents.  For  each  certificate  or  affidavit, 
twenty-five  cents.  For  entering  final  judgment  not  exceeding 
two  folios,  fifty  cents;  for  additional  folio,  ten  cents.  For  tak- 
ing and  approving  bond  or  undertaking,  including  the  justi- 
fication of  sureties,  fifty  cents.  For  taking  depositions,  per 
folio,  ten  cents.  For  entering  satisfaction  of  judgment,  twenty- 
five  cents.  For  copy  of  his  docket  or  any  file  of  his  office,  when 
required  to  make  the  same,  per  folio,  ten  cents.  For  certifying 
transcript  on  appeal  and  transmitting  papers,  fifty  cents.  For 
celebrating  marriage  and  making  return  thereof  to  the  Recorder, 
five  dollars.  For  all  services  in  any  criminal  trial  or  proceed- 
ing, three  dollars.  For  entering  cause  without  process,  fifty 
cents.  For  entering  judgment  by  confession,  one  dollar.  For 
-entering  every  motion,  rule,  exception,  or  default,  fifteen  cents. 
For  taking  the  acknowledgment  of  any  deed  or  instrument, 
fifty  cents.  For  all  charges  for  transmitting  papers  on  change 
of  venue,  one  dollar.  For  holding  inquest,  when  the  Coroner 
fails  to  act,  five  dollars.  For  each  mile  necessarily  traveled  in 
going  to  place  of  inquest,  fifteen  cents.  For  directing  or  attend- 
ing the  interment  of  each  body  upon  which  he  may  have  held 
an  inquest,  two  dollars. 

CONSTABLE. 

For  serving  summons  and  complaint,  for  first  party  served, 
fifty  cents;  for  each  additional  defendant  served,  twenty-five 
cents.  For  each  copy  of  summons  for  service,  when  made  by 
him,  twenty-five  cents.  For  levying  writ  of  attachment  or 
execution,  or  executing  order  of  arrest,  or  for  the  delivery  of 
personal  property,  one  dollar.  For  serving  writ  of  attachment 
or  execution  on  any  ship,  boat,  or  vessel,  three  dollars.  For 
keeping  personal  property,  such  sum  as  the  Court  may  order; 
but  no  more  than  two  dollars  per  day  shall  be  allowed  for  a 
keeper  when  necessarily  employed.  For  taking  bond  or  under- 
taking, fifty  cents.  For  copies  of  wrrits  and  other  papers,  except 
summons,  complaint,  and  subpoenas,  per  folio,  ten  cents;  pro- 


—  11  — 

videdy  that  when  correct  copies  are  furnished  to  him  for  use,  no 
•charge  shall  be  made  for  such  copies.  For  serving  any  writ, 
notice,  or  order,  except  summons,  complaint,  or  subpoenas,  for 
the  first  person,  fifty  cents;  on  each  subsequent  person,  twenty- 
five  cents.  For  writing  and  posting  each  notice  of  sale  of  prop- 
erty, twenty-five  cents.  For  furnishing  notice  for  publication, 
twenty-five  cents.  For  serving  subpoenas,  each  witness,  includ- 
ing copy,  twenty-five  cents.  For  collecting  money  on  execution, 
one  and  one  half  per  cent.  For  executing  and  delivering  cer- 
tificate of  sale,  fifty  cents.  For  executing  and  delivering 
Constable's  deed,  one  dollar  and  fifty  cents.  For  each  mile 
actually  traveled  within  his  township  in  the  service  of  any 
writ,  order,  or  paper,  except  a  warrant  of  arrest,  in  going  only, 
per  mile,  twenty-five  cents.  For  traveling  outside  of  his  town- 
ship to  serve  such  writ,  order,  or  paper,  in  going  out,  fifteen 
cents;  provided,  that  a  Constable  shall  not  be  required  to  travel 
outside  of  his  township  to  serve  any  civil  process,  order,  or 
paper.  No  constructive  mileage  allowed.  For  each  mile  trav- 
eled within  his  township  in  executing  a  warrant  of  arrest,  both 
in  going  and  returning  from  place  of  arrest,  fifteen  cents.  For 
each  mile  traveled  out  of  his  township,  both  going  and  return- 
ing from  place  of  arrest,  five  cents;  provided,  that  no  warrant 
of  arrest  or  other  criminal  process  shall  be  served  by  any  Con- 
stable out  of  his  township,  and  mileage  charged  therefor,  except 
such  service  be  ordered,  in  writing,  by  the  District  Attorney  of 
the  county;  and  provided  further,  that  for  traveling  in  the 
performance  of  two  or  more  official  services  at  the  same  time, 
including  the  service  of  civil  process  or  criminal  warrants,  or 
transportation  of  persons  charged  or  convicted  of  a  criminal 
offense,  but  one  mileage  shall  be  charged.  For  arresting 
prisoner  and  bringing  him  into  Court,  one  dollar.  For  sum- 
moning a  jury,  one  dollar  and  fifty  cents;  provided,  that  the 
Board  of  Supervisors  may  reject  all  bills  presented  to  the 
county  by  Justices  of  the  Peace  and  Constables  for  fees  in  crim- 
inal cases  in  all  cases  of  proceedings  in  which  the  District 
Attorney  has  not,  in  writing,  authorized  the  issuance  of  the 
warrant  of  arrest. 

County  officers  must,  and  township  officers  may,  demand  the 
payment  of  all  fees  in  advance. 

19.  Jurors'  and  witness'  fees  shall  be  as  follows: 

jurors'  fees. 

For  attending  as  a  juror  in  the  Superior  Court,  for  each  day's 
attendance,  per  day,  two  dollars.  For  each  mile  actually  trav- 
eled in  attending  Court  as  a  juror,  in  going  only,  per  mile, 
fifteen  cents. 

WITNESS   FEES. 

For  each  day's  actual  attendance,  when  legally  required  to 
attend  upon  the  Superior  Court,  per  day,  one  dollar  and  fifty 
-cents.  Mileage  actually  traveled,  one  way  only,  per  mile,  fifteen 
eents.     For  each  day's  attendance  upon  Justice  Court,  when 


—  12  — 

legally  required  to  attend,  per  day,  one  dollar.  For  each  mile 
actually  traveled,  in  going  only,  fifteen  cents.  Witnesses  in 
civil  cases  may  demand  the  payment  of  their  fees  and  mileage 
for  one  day  in  advance,  and  when  so  demanded  shall  not  be 
compelled  to  attend  until  the  same  shall  have  been  paid. 

Sec.  3.  Section  two  hundred  and  sixteen  of  said  Act  is 
hereby  amended  so  as  to  read  as  follows: 

Section  216.  The  salaries  and  fees  provided  in  this  Act  shall 
be  in  full  compensation  for  all  services  of  every  kind  and  de- 
scription rendered  by  the  officers  therein  named,  either  as  offi- 
cers or  ex  officio  officers,  their  deputies  and  assistants,  unless 
in  this  Act  otherwise  provided;  and  all  deputies  employed  shall 
be  paid  by  their  principals  out  of  the  salaries  hereinbefore  pro- 
vided, unless  in  this  Act  otherwise  provided;  provided,  however, 
the  Assessor  shall  be  entitled  to  receive  and  retain  for  his  own 
use  six  per  cent  on  personal  property  tax  collected  by  him,  as 
authorized  by  section  three  thousand  eight  hundred  and  twenty 
of  the  Political  Code,  and  fifteen  per  cent  of  all  amounts  col- 
lected by  him  for  poll  taxes  and  road  poll  taxes,  and  also  five 
dollars  per  hundred  names  of  persons  returned  by  him  as  sub- 
ject to  military  duty,  as  provided  in  section  one  thousand  nine 
hundred  and  one  of  the  Political  Code;  provided,  however,  that 
in  counties  of  the  second  class  the  percentage  received  by  the 
Assessor  on  poll  taxes  and  personal  property  taxes,  and  also 
amounts  allowed  for  returning  names  of  persons  subject  to  mili- 
tary duty,  and  which  in  counties  of  the  other  classes  is  allowed 
to  the  Assessor  as  compensation,  shall  be  paid  by  him  into  the 
County  Treasury,  and  no  part  thereof  shall  be  retained  by  him 
as  compensation,  and  all  expenses  in  collecting  the  same  shall 
be  paid  by  the  county;  and  provided  further,  that  the  Board  of 
Supervisors  shall  allow  to  the  Sheriff  his  necessary  expenses 
for  pursuing  criminals  or  transacting  any  criminal  business 
without  the  boundaries  of  his  county,  and  for  boarding  prison- 
ers in  the  county  jail;  provided,  that  the  Board  of  Supervisors 
shall  fix  the  price  at  which  such  prisoners  shall  be  boarded,  if 
not  otherwise  provided  for  in  this  Act;  provided  further,  that 
the  Sheriff  shall  be  entitled  to  receive  and  retain  for  his  own 
use  five  dollars  per  diem  for  conveying  prisoners  to  and  from 
the  State  Prison,  and  for  conveying  persons  to  and  from  the 
insane  asylums,  or  other  State  institutions;  also  all  expenses 
necessarily  incurred  in  conveying  insane  persons  to  and  from 
the  insane  asylums,  and  in  conveying  persons  to  and  from  the 
State  Prisons,  which  per  diem  and  expenses  shall  be  allowed  by 
the  Board  of  Examiners  and  collected  from  the  State.  The 
Court  shall  also  allow  the  Sheriff  his  necessary  expenses  in 
keeping  and  preserving  property  seized  on  attachment  or  exe- 
cution, to  be  paid  out  of  the  fees  collected  in  the  action.  In 
any  county  of  this  State  where  the  number  of  Judges  of  the 
Superior  Court  shall  have  been  increased  since  the  first  day  of 
January,  eighteen  hundred  and  eighty-seven,  or  shall  hereafter 
be  increased,  there  must  be,  and  there  hereby  is,  allowed  to  the 
Sheriff  of  such  county,  because  of  such  increase  in  the  number 
of  Judges,  one   additional   deputy,   to   be   appointed   by  the 


—  13  — 

Sheriff,  for  each  additional  Judge  elected  or  appointed;  and  also 
there  must  be,  and  there  hereby  is,  allowed  to  the  County  Clerk 
of  such  county,  because  of  such  increase  in  the  number  of 
Judges,  one  additional  deputy,  to  be  appointed  by  the  County 
Clerk,  to  act  as  court-room  clerk,  and  one  additional  deputy, 
to  be  appointed  by  the  County  Clerk,  to  act  as  register  clerk, 
for  each  additional  Judge  elected  or  appointed;  provided,  there 
must  be  but  one  such  additional  register  clerk  where  two  addi- 
tional Judges  are  elected  or  appointed,  but  two  such  additional 
register  clerks  where  three  or  more  additional  Judges  are 
elected  or  appointed;  provided  further,  that  none  of  the  pro- 
visions heretofore  made  in  this  Act,  relative  to  additional  depu- 
ties for  Sheriffs  and  County  Clerks,  because  of  the  election  or 
appointment  of  additional  Judges,  shall  apply  to  counties  of 
the  eighth  and  one  half  class.  The  compensation  to  be  paid 
all  Deputy  Sheriffs  and  Deputy  Clerks  hereunder  shall  be  one 
hundred  and  twenty-five  dollars  per  month,  and  the  same  shall 
be  paid  monthly  out  of  the  County  Treasury  of  such  county, 
in  the  same  manner  and  at  the  same  time  other  county  officers 
are  paid;  provided,  that  in  counties  of  the  second  class  the 
compensation  of  such  Deputy  Sheriffs  hereunder  shall  be  three 
dollars  per  day;  provided,  that  the  per  diem  allowed  to  Sheriffs 
by  this  section  for  taking  persons  and  prisoners  to  and  from  the 
insane  asylums  and  State  Prisons,  and  other  State  institutions, 
shall  be  a  State  charge,  and  payable  out  of  the  State  Treasury, 
upon  the  warrants  of  the  Controller,  after  having  been  audited 
by  the  State  Board  of  Examiners  or  Auditors. 

Sec.  4.     This  Act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 


CHAPTER  III. 

An  Act  to  amend  section  one  thousand  and  fifty-four  (1054)  of 
the  Code  of  Civil  Procedure  of  the  State  of  California,  relating 
to  extending  the  time  within  which  an  act  is  to  be  done. 

[Approved  January  31,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows : 

Section  1.  Section  one  thousand  and  fifty-four  (1054)  of 
the  Code  of  Civil  Procedure  of  the  State  of  California  is  hereby 
amended  so  as  to  read  as  follows : 

1054.  When  an  act  to  be  done,  as  provided  in  this  Code, 
relates  to  the  pleadings  in  the  action,  or  the  undertakings  to  be 
filed,  or  the  justification  of  sureties,  or  the  preparation  of  state- 
ments, or  of  bills  of  exceptions,  or  of  amendments  thereto,  or 
to  the  service  of  notices  other  than  of  appeal,  the  time  allowed 
by  this  Code  may  be  extended,  upon  good  cause  shown,  by  the 
Judge  of  the  Superior  Court  in  and  for  the  county  in  which  the 
action  is  pending,  or  by  the  Judge  who  presided  at  the  trial  of 
said  action ;  but  such  extension  shall  not  exceed  thirty  days, 


—  14  — 

without  the  consent  of  the  adverse  party  ;  except  that  when  it- 
appears  to  the  Judge  to  whom  said  application  is  made,  that 
the  attorney  of  record  for  the  party  applying  for  said  extension 
is  actually  engaged  in  attendance  upon  a  session  of  the  Legis- 
lature of  this  State,  as  a  member  thereof;  in  which  case  it  shall 
be  the  duty  of  said  Judge  to  extend  said  time  until  said  session 
of  the  Legislature  adjourns,  and  thirty  days  thereafter. 

Sec.  2.     This  Act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 


CHAPTER  VIII. 

An  Act  to  amend  an  Act  entitled  "An  Act  to  form  agricultural 
districts,  to  provide  for  the  formation  of  agricultural  associa- 
tions therein,  and  for  the  management  and  control  of  the  same 
by  the  State,  and  to  repeal  so  much  of  an  Act  entitled  lAn  Act 
to  form  agricultural  districts,  to  provide  for  the  formation  of 
agricultural  associations  therein,  and  for  the  management  and 
control  of  the  same  by  the  State,'  "  approved  March  20,  1891, 
and  amended  by  an  Act  approved  March  28,  1893,  amending 
section  eight,  and  adding  a  new  section  thereto. 

[Approved  February  18,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Section  eight  of  said  Act  is  hereby  amended  so- 
as  to  read  as  follows: 

Section  8.  Each  association  so  formed  and  organized  is 
hereby  declared,  and  shall  be  recognized,  a  State  institution, 
and  the  Board  so  appointed  and  qualified  shall  have  the  exclu- 
sive control  and  management  of  such  institution,  for  and  in  the 
name  of  the  State,  and  shall  have  the  possession  and  care  of  all 
the  property  of  the  association,  and  shall  fix  the  terms  of  office 
and  the  bonds  of  the  Secretary  and  Treasurer,  and  determine 
their  salaries  and  duties.  They  shall  have  the  power  to  make 
all  necessary  by-laws,  rules,  and  regulations  for  the  government 
of  the  association  and  the  management  of  its  prudential  and 
financial  affairs.  They  shall  provide  for  an  annual  fair  or  exhi- 
bition by  the  association  of  all  the  industries  and  industrial 
products  in  the  district,  at  such  time  and  place  as  they  deem 
advisable;  provided,  that  no  district  fair  shall  be  held  in  any  of 
the  districts  during  the  same  period  that  the  State  Fair  is  held, 
and  that  the  State  shall  in  no  event  be  liable  for  any  premium 
offered,  or  award  made,  or  for  any  debt  contracted  by  any  Dis- 
trict Board  of  Agriculture  or  Agricultural  Association;  and 
provided  further,  that  nothing  in  this  section  shall  be  so  con- 
strued as  in  any  way  to  affect  or  modify  any  of  the  provisions 
of  section  ten  and  one  half  of  this  Act. 

Sec  2.  A  new  section  is  hereby  added  to  said  Act,  reading 
as  follows: 

Section  10-J.  Every  such  association  organized  and  existing 
under  the  laws  of  the  State,  and  which  has  heretofore  issued 


—  15  — 

certificates  alleged  to  be  certificates  of  the  capital  stock  of  such 
association,  and  which  certificates  last  mentioned  have  been 
accepted  by  the  members  of  such  association  in  lieu  of  certifi- 
cates of  membership  therein,  may  elect  to  have  a  capital  stock, 
and  may  issue  certificates  of  stock  therefor,  in  the  same  man- 
ner, and  with  like  effect  as  corporations  formed  under  the 
provisions  of  chapter  one,  article  one,  of  the  Civil  Code,  relating 
to  the  formation  of  corporations. 

In  order  to  effect  such  change,  a  meeting  of  the  holders  of 
such  alleged  certificates  of  capital  stock  may  be  called,  at  which 
the  holders  of  such  alleged  stock  shall  be  entitled  to  one  vote 
for  each  share  of  such  stock  appearing  in  their  names,  respect- 
ively, upon  the  books  of  such  association.  Upon  the  receipt  of 
a  written  application,  signed  by  the  holders  of  one  fourth  of  the 
shares  of  such  alleged  capital  stock  of  such  association,  request- 
ing him  so  to  do,  the  Secretary  of  such  association  shall  give 
notice  of  the  time  and  place  of  holding  such  meeting,  by  publi- 
cation in  some  newspaper  printed  and  published  in  such  county, 
or  city  and  county,  in  which  the  principal  place  of  business  of 
such  association  is  located,  at  least  once  a  week  for  three  suc- 
cessive weeks  next  prior  to  the  holding  thereof.  Such  notice 
shall  state  that  the  object  of  the  meeting  is  (1)  to  determine 
whether  such  corporation  elects  to  have  a  capital  stock  as  pro- 
vided by  this  Act,  (2)  the  amount  of  such  capital  stock,  and 
(3)  the  number  of  shares  into  which  the  same  shall  be  divided. 
At  such  meeting,  should  the  holders  of  a  majority  of  the  shares 
of  such  alleged  capital  stock  vote  in  favor  of  having  a  capital 
stock,  and  fix  the  amount  thereof,  and  the  number  of  shares  into 
which  it  shall  be  divided,  then  such  corporation  shall  issue  cer- 
tificates of  capital  stock  to  the  amount  fixed  at  such  meeting, 
divided  into  the  number  of  shares  provided  by  said  meeting,  to 
the  holders  of  such  alleged  capital  stock,  in  the  same  proportion 
as  such  alleged  stock  appears  in  the  names  of  such  holders, 
respectively,  upon  the  books  of  such  association. 

A  copy  of  the  notice  calling  such  meeting,  the  affidavit  of 
publication  thereof,  the  proceedings  of  such  meeting,  the 
amount  of  capital  stock  voted,  number  of  shares  into  which 
the  capital  stock  was  divided,  and  to  whom  assigned,  duly 
certified  by  the  Chairman  of  such  meeting  and  the  Secretary  of 
such  association,  under  the  seal  thereof,  must  be  filed  with  the 
Secretary  of  State  and  the  Clerk  of  the  county  where  such 
association  has  its  principal  place  of  business.  Thereafter  such 
association  shall  be  possessed  of  all  rights  and  powers,  and 
shall  be  subject  to  all  the  obligations  and  restrictions,  as  if  it 
had  been  originally  created  a  corporation  with  a  capital  stock, 
including  the  right  to  elect  a  Board  of  Directors  authorized  to 
exercise  such  control  of  all  the  property  of  such  association, 
as  provided  in  chapters  one,  two,  three,  and  four  of  the  Civil 
Code,  relating  to  corporations;  provided,  such  association  shall 
have  no  authority  to  sell  any  portion  of  the  real  estate  owned 
and  held  by  it,  by  whatever  title  derived,  which  may  be  neces- 
sary for  the  permanent  use  of  such  association,  for  the  purposes- 
aforesaid;  and  provided  further,  that  in  the  event  that  such 


—  16  — 

association,  after  the  issuance  of  a  capital  stock  as  aforesaid, 
shall  be  offered  aid  at  any  time  from  the  State  by  appropriation, 
for  the  purpose  of  holding  an  annual  district  fair,  and  such 
association,  by  a  vote  of  the  Board  of  Directors,  elected  as  herein- 
after provided,  adopts  a  resolution  accepting  such  appropriation, 
then  and  in  that  event  said  annual  fair  shall  be  held  under 
the  control  and  management  of  the  District  Board  of  Agricult- 
ure of  such  district;  but  said  District  Board  of  Agriculture 
shall  have  no  other  authority,  control,  or  management  of  or 
over  the  property  of  such  association,  and  the  authority  which 
it  may  exercise  over  said  property  shall  continue  only  during 
the  time  occupied  in  holding  the  said  district  fair,  which  time 
shall  not  extend  over  more  than  one  week  annually. 

When  any  corporation  has  elected  to  issue  capital  stock 
under  this  Act,  the  President  thereof  shall,  within  ten  days 
after  filing,  with  the  Secretary  of  State,  of  the  certificate  herein- 
before provided,  call  a  meeting  of  the  stockholders  of  such 
corporation,  for  the  purpose  of  electing  a  Board  of  Directors 
of  such  corporation,  which  Board  of  Directors  shall  hold  their 
office  until  their  successors  are  elected  and  qualified;  and  there- 
after a  Board  of  Directors  of  such  corporation  shall  be  elected 
annually,  on  the  day  of  the  month  upon  which  the  election  of 
said  first  Board  of  Directors  elected  as  aforesaid  is  held,  unless 
a  different  day  for  holding  such  election  is  fixed  by  the  Board 
of  Directors  of  such  corporation,  by  its  by-laws,  properly 
adopted. 

Sec.  3.  So  much  of  an  Act  entitled  aAn  Act  to  form  agri- 
cultural districts,  to  provide  for  the  organization  of  agricultural 
associations  therein,  and  for  the  management  and  control  of  the 
same  by  the  State,"  approved  April  fifteenth,  eighteen  hundred 
and  eighty,  and  of  the  several  Acts  amendatory  thereof,  and  as 
are  in  conflict  herewith,  are  hereby  repealed. 

•Sec.  4.     This  Act  shall  take  effect  from  and  after  its  passage. 


—  17 


CHAPTER  X. 

An  Act  to  amend  section  five  hundred  and  two  of  the  Civil  Code, 
relating  to  time  allowed  for  commencing  work  and  completing 
the  same,  under  rights  of  way  granted  by  municipal  corpora- 
tions; and  providing  for  a  forfeiture  in  case  of  failure  to  com- 
mence work  or  to  complete  it  within  the  time  fixed. 

[Approved  February  25,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Section  five  hundred  and  two  of  the  Civil  Code 
is  hereby  amended  so  as  to  read  as  follows: 

502.  Work  to  construct  the  railroad  must  be  commenced 
in  good  faith  within  not  more  than  one  year  from  the  date  of 
the  taking  effect  of  the  ordinance  granting  the  right  of  way,  and 
said  work  must  be  completed  within  not  more  than  three  years 
after  the  taking  effect  of  such  ordinance;  provided,  that  the 
governing  body  of  such  municipal  corporation  at  the  time  of 
granting  said  right  of  way  shall  have  the  power  to  fix  the 
time  for  either  the  commencing  or  completion,  or  both,  of  said 
work;  not,  however,  to  a  time  less  than  six  months  for  commenc- 
ing, and  not  less  than  eighteen  months  for  completing  the 
same.  A  failure  to  comply  with  either  of  the  foregoing  pro- 
visions of  this  section,  or  with  either  of  the  provisions  of  the 
ordinance  granting  said  right  of  way,  works  a  forfeiture  of  the 
right  of  way,  and  also  of  the  franchise,  unless  the  uncompleted 
portion  is  abandoned  by  the  person  or  corporation  to  whom  said 
right  of  way  is  granted,  with  the  consent  of  the  authorities 
granting  the  right  of  way,  such  abandonment  and  consent  to 
be  in  writing.  The  authority  granting  the  right  of  way  shall 
have  the  power  to  grant  an  extension  of  time  for  the  completion 
of  said  work,  if  it  appear  that  the  work  has  been  commenced 
within  the  time  fixed,  and  prosecuted  in  good  faith;  but  no 
extension  of  time  shall  be  granted  for  the  commencement  of  said 
work,  and  shall  not  be  granted  for  more  than  one  year  for  the 
completion  of  the  same.  All  extensions  of  time  shall  be  in 
writing,  and  made  a  matter  of  record  in  the  municipality. 
Provided  further,  that  this  Act  shall  not  in  any  way  affect  any 
franchise  or  right  of  way  granted  before  its  passage. 

Sec.  2.     This  Act  will  take  effect  immediately. 


18  — 


CHAPTER  XI. 

An  Act  to  amend  section  thirty-seven  hundred  and  sixty-five, 
section  thirty-seven  hundred  and  seventy-three,  section  thirty- 
seven  hundred  and  seventy-eight,  section  thirty-seven  hundred 
and  eighty,  section  thirty-seven  hundred  and  eighty-one,  section 
thirty-seven  hundred  and  eighty-five,  section  thirty-seven 
hundred  and  eighty-eight,  section  thirty-eight  hundred  and  thir- 
teen, section  thirty-eight  hundred  and  sixteen,  and  section  thirty- 
eight  hundred  and  seventeen;  and  to  repeal  section  thirty-seven 
hundred  and  seventy-four,  section  thirty-seven  hundred  and 
seventy-five,  section  thirty-seven  hundred  and  seventy-six,  section 
thirty-seven  hundred  and  seventy-seven,  section  thirty-seven 
hundred  and  seventy-nine,  section  thirty-seven  hundred  and 
eighty-two,  section  thirty-seven  hundred  and  eighty-three,  section 
thirty-seven  hundred  and  eighty-four,  and  section  thirty-eight 
hundred  and  eighteen  of  an  Act  of  the  Legislature  of  the  State 
of  California  entitled  uAn  Act  to  establish  a  Political  Code" 
approved  March  12,  1872,  relating  to  the  sale  of  real  property 
for  delinquent  taxes,  and  the  redemption  and  resale  of  such 
property;  and  to  add  a  new  section  thereto,  to  he  known  and 
designated  as  section  thirty-eight  hundred  and  one,  also  relating 
to  the  sale  of  real  property  for  delinquent  taxes. 

[Approved  February  25, 1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Section  thirty-seven  hundred  and  sixty-five  of 
the  Political  Code  of  the  State  of  California  is  hereby  amended 
so  as  to  read  as  follows: 

3765.  The  Tax  Collector  must  append  and  publish  with 
the  delinquent  list  a  notice  that  unless  the  taxes  delinquent, 
together  with  the  costs  and  percentage,  are  paid,  the  real  prop- 
erty upon  which  such  taxes  are  a  lien  will  be  sold. 

Sec.  2.  .  Section  thirty-seven  hundred  and  seventy-three  of 
the  Political  Code  of  the  State  of  California  is  hereby  amended 
so  as  to  read  as  follows: 

3773.  On  the  day  of  sale  the  owner  or  person  in  possession 
of  any  real  estate  offered  for  sale  for  taxes  due  thereon,  may 
pay  the  taxes  and  costs  due;  but  in  case  such  taxes  and  costs 
are  not  paid  by  the  owner  or  person  in  possession,  or  by  some 
one  on  behalf  of  such  owner  or  person  in  possession,  the  whole 
amount  of  the  property  assessed  shall  be  struck  off  to  the  people 
of  the  State  as  the  purchaser;  provided,  that  when  the  said  taxes 
amount  to  the  sum  of  three  hundred  dollars,  or  more,  upon 
any  piece  of  property,  the  State  may  bring  suit  against  the 
owner  of  said  property  for  the  collection  of  said  taxes  and  costs, 
as  provided  in  section  three  thousand  eight  hundred  and  ninety- 
nine  of  this  Code.  In  each  case  the  Tax  Collector  shall  make 
an   entry,     "Sold   to  State,"    on   the    delinquent    assessment 


—  19  — 

book  opposite  the  tax,  and  he  shall  be  credited  with  the  amount 
thereof  in  his  settlement  made  pursuant  to  sections  thirty- 
seven  hundred  and  ninety-seven,  thirty-seven  hundred  and 
ninety -eight,  and  thirty-seven  hundred  and  ninety-nine  of  this 
Code. 

Sec.  3.  Section  thirty-seven  hundred  and  seventy-four  of 
the  Political  Code  of  the  State  of  California  is  hereby  repealed. 

Sec  4.  Section  thirty-seven  hundred  and  seventy-five  of 
the  Political  Code  of  the  State  of  California  is  hereby  repealed. 

Sec  5.  Section  thirty-seven  hundred  and  seventy-six  of  the 
Political  Code  of  the  State  of  California  is  hereby  repealed. 

Sec  6.  Section  thirty-seven  hundred  and  seventy-seven  of 
the  Political  Code  of  the  State  of  California  is  hereby  repealed. 

Sec  7.  Section  thirty-seven  hundred  and  seventy-eight  of 
the  Political  Code  of  the  State  of  California  is  hereby  amended 
so  as  to  read  as  follows: 

3778.  The  Collector  must,  in  a  book  provided  for  that 
purpose,  enter  a  description  of  the  land  sold,  corresponding 
to  the  description  in  the  original  assessment  roll,  the  date  of 
sale,  that  it  was  sold  to  the  State,  the  amount  for  which  it 
was  sold,  and  must  regularly  number  the  descriptions  on  the 
margin  of  the  book.  Such  book  must  be  open  to  public 
inspection,  without  fee,  during  office  hours,  when  not  in 
actual  use. 

Sec  8.  Section  thirty-seven  hundred  and  seventy-nine  of 
the  Political  Code  of  the  State  of  California  is  hereby  repealed. 

Sec  9.  Section  thirty-seven  hundred  and  eighty  of  the 
Political  Code  of  the  State  of  California  is  hereby  amended  so 
as  to  read  as  follows: 

3780.  A  redemption  of  the  property  sold  may  be  made 
by  the  owner,  or  any  party  in  interest,  within  five  years  from 
the  date  of  the  purchase  by  the  State,  or  at  any  time  prior  to 
the  entry  or  sale  of  said  land,  in  the  manner  applicable  to  other 
State  lands  of  like  character. 

Sec  10.  Section  thirty-seven  hundred  and  eighty-one  of 
the  Political  Code  of  the  State  of  California  is  hereby  amended 
so  as  to  read  as  follows: 

3781.  Redemption  must  be  made  to  the  County  Treasurer 
in  lawful  money  of  the  United  States,  and  he  must  account  to 
the  State  for  all  moneys  paid  for  such  redemption,  which  said 
moneys  shall  be  distributed  in  the  manner  provided  in  section 
thirty-eight  hundred  and  sixteen  of  this  Code. 

Sec  11.  Section  thirty-seven  hundred  and  eighty-two  of 
the  Political  Code  of  the  State  of  California  is  hereby  repealed. 

Sec  12.  Section  thirty-seven  hundred  and  eighty-three  of 
the  Political  Code  of  the  State  of  California  is  hereby  repealed. 

Sec  13.  Section  thirty-seven  hundred  and  eighty-four  of 
the  Political  Code  of  the  State  of  California  is  hereby  repealed. 

Sec  14.  Section  thirty-seven  hundred  and  eighty-five  of 
the  Political  Code  of  the  State  of  California  is  hereby  amended 
so  as  to  read  as  follows: 

3785.  If  the  property  is  not  redeemed  within  the  time 
allowed  by  law  for  its  redemption,  the  Collector,  or  his  sue- 


—  20  — 

cessor  in  office,  must  make  the  State  a  deed  of  the  property,, 
reciting  in  the  deed  the  date  of  sale,  the  name  of  the  person 
assessed,  when  known,  a  description  of  the  land  sold,  the 
amount  paid  therefor,  that  it  was  sold  for  taxes,  giving  the 
amount  and  the  year  of  assessment,  and  the  time  when  the 
preferred  right  to  purchase  the  land  will  expire,  and  that  no 
person  has  redeemed  the  property  during  the  time  allowed  for 
its  redemption.  No  charge  shall  be  made  by  the  Collector  for 
the  making  of  any  such  deed,  and  acknowledgments  of  all  such 
deeds  shall  be  taken  by  the  County  Clerk  free  of  charge.  All 
said  deeds  shall  be  recorded  in  the  office  of  the  County  Recorder 
of  the  county  wherein  the  property  sold  is  situated,  and  said 
Recorder  shall  make  no  charge  therefor.  The  State  Controller 
shall  provide  uniform  blank  deeds,  upon  which  all  conveyances 
to  the  State  under  the  provisions  of  section  thirty-seven  hun- 
dred and  eighty-five  of  the  Political  Code  shall  be  made. 

Sec.  15.  Section  thirty-seven  hundred  and  eighty-eight  of 
the  Political  Code  of  the  State  of  California  is  hereby  amended 
so  as  to  read  as  follows: 

3788.  Such  deed  conveys  to  the  State  the  absolute  title  to 
the  property  described  therein,  as  of  the  date  of  the  expiration 
of  the  period  of  five  years  from  the  date  of  the  sale  of  said  prop- 
erty to  the  State,  free  of  all  incumbrances,  except  when  the 
land  is  owned  by  the  United  States  or  this  State,  in  which  case 
it  is  prima  facie  evidence  of  the  right  of  possession,  accrued  as 
of  the  date  of  the  deed  to  the  State.  All  said  deeds  when 
recorded  by  the  Recorders  of  the  several  counties,  as  prescribed 
in  section  thirty-seven  hundred  and  eighty-five  of  this  Code, 
shall  be  duly  certified  by  such  County  Recorder,  and  shall  be 
duly  filed  in  the  office  of  the  Surveyor-General,  and  thereupon 
the  land  shall  again  become  subject  to  entry  and  sale  in  the 
same  manner,  and  subject  to  the  same  conditions,  as  apply  to 
other  State  lands  of  like  character,  except  that  the  former  pos- 
sessors of  lands  thus  deeded  to  the  State,  their  heirs  or  assigns, 
shall  be  preferred  purchasers  thereof  for  the  period  of  six 
months  after  the  deeds  are  filed  with  the  Surveyor-General,  as 
prescribed  in  this  section;  but  the  Surveyor-General  shall  not 
permit  an  entry,  or  make  a  sale  of  any  lands  thus  deeded  to 
the  State,  except  upon  the  previous  payment  into  the  State 
Treasury,  in  addition  to  the  price  of  said  lands,  as  compared 
with  the  price  fixed  for  other  State  lands  of  a  like  character, 
by  the  person  or  persons  proposing  to  make  the  entry  or  pur- 
chase, of  a  sum  equal  to  the  delinquent  taxes,  costs,  and  penal- 
ties, by  virtue  whereof  the  State  became  a  purchaser  of  the 
lands  thus  sought  to  be  entered  or  purchased,  and  also  all 
delinquent  taxes,  costs,  and  penalties  which  may  have  accrued 
upon  such  lands  subsequent  to  the  date  of  the  sale  to  the  State, 
in  pursuance  of  which  the  State  received  a  deed  therefor.  The 
money  thus  paid  into  the  State  Treasury  shall  be  distributed 
in  the  manner  prescribed  in  section  thirty-eight  hundred  and 
sixteen  of  this  Code.  In  all  cases  where  land  has  heretofore 
been  sold  to  the  State  for  delinquent  taxes,  the  deed  therefor 
shall  be  made  within  one  year  after  this  Act  takes  effect;  pro- 


—  21  — 

vided,  five  years  shall  have  elapsed  after  the  date  of  such 
sale. 

Sec.  16.  A  new  section  is  hereby  added  to  the  Political  Code 
of  the  State  of  California,  to  be  known  and  designated  as  section 
thirty-eight  hundred  and  one. 

3801.  It  shall  be  the  duty  of  the  Tax  Collector,  within 
thirty  days  after  the  sale  of  any  land  for  delinquent  taxes,  to 
furnish  to  the  Assessor  the  complete  printed  list  of  all  such 
lands  so  sold,  and  thereupon  the  Assessor  shall  enter  upon  the 
assessment  book,  immediately  after  the  description  of  the  prop- 
erty, the  fact  that  said  property  has  been  sold  for  taxes,  and 
the  date  of  such  sale.  Upon  all  bills  or  statements  of  or  for 
taxes  accruing  on  said  property  subsequent  to  the  date  of  such 
sale,  and  prior  to  the  redemption  of  said  property,  or  the  execu- 
tion to  the  State  of  a  deed  therefor,  there  shall  be  distinctly  and 
legibly  written,  printed,  or  stamped  the  words  "  sold  for  taxes," 
and  also  the  date  of  such  sale. 

Sec.  17.  Section  thirty-eight  hundred  and  thirteen  of  the 
Political  Code  of  the  State  of  California  is  hereby  amended  to 
read  as  follows: 

3813.  In  case  property  assessed  for  taxes  is  purchased  by 
the  State  pursuant  to  provisions  of  section  thirty-seven  hundred 
and  seventy-three  of  this  Code,  it  shall  be  assessed  each  sub- 
sequent year  for  taxes  until  a  deed  is  made  to  the  State  therefor, 
in  the  same  manner  as  if  it  had  not  been  so  purchased. 

Sec.  18.  Section  thirty-eight  hundred  and  sixteen  of  the 
Political  Code  of  the  State  of  California  is  hereby  amended  to 
read  as  follows: 

3816.  Whenever  property  sold  to  the  State,  pursuant  to 
the  provisions  of  this  chapter,  shall  be  redeemed  as  herein  pro- 
vided, the  moneys  received  on  account  of  such  redemption  shall 
be  distributed  as  follows:  The  original  and  subsequent  taxes, 
and  all  percentages  and  penalties  paid  in  redemption,  except 
as  hereinafter  provided,  shall  be  apportioned  between  the  State 
and  county,  in  the  same  proportion  that  the  State  tax  bears  to 
the  county  tax;  the  five  per  cent  additional,  and  the  money 
received  for  delinquent  poll  tax,  shall  be  paid  to  the  county; 
the  percentage  allowed  for  the  collection  of  the  delinquent  poll 
tax  shall  be  paid  to  the  Collector,  and  the  costs  to  the  parties 
entitled  thereto.  The  County  Treasurer  shall  keep  an  accurate 
account  of  all  money  paid  in  redemption  of  property  sold  to  the 
State,  and  shall,  on  the  first  Monday  of  June  in  each  year,  make 
a  detailed  report,  verified  by  his  affidavit,  of  each  account,  year 
for  year,  to  the  Controller  of  State,  in  such  form  as  the  Con- 
troller may  desire.  Whenever  the  State  shall  receive  from  the 
Tax  Collector  any  grant  of  property  so  sold  for  taxes,  the  same 
shall  be  recorded,  at  the  request  of  the  County  Treasurer,  free 
of  charge,  by  the  County  Recorder,  and  shall  be  immediately 
reported  by  the  County  Treasurer  to  the  State  Board  of  Equali- 
zation. 

Sec  19.  Section  thirty-eight  hundred  and  seventeen  of  the 
Political  Code  of  the  State  of  California  is  hereby  amended  so 
as  to  read  as  follows: 


—  22  — 

3817.  In  all  cases  where  real  estate  has  been  or  may  here- 
after be  sold  for  delinquent  taxes,  and  the  State  has  become 
the  purchaser,  and  has  not  disposed  of  the  same,  the  person 
whose  estate  has  been  or  may  hereafter  be  sold,  or  his  heirs, 
executors,  administrators,  or  other  successors  in  interest,  shall 
at  anytime  after  the  time  of  purchase  thereof  by  the  State,  and 
before  the  State  shall  have  disposed  of  the  same,  have  the  right 
to  redeem  such  real  estate,  by  paying  to  the  County  Treasurer 
of  the  county  wherein  the  real  estate  is  situated,  the  amount  of 
taxes  due  thereon  at  the  time  of  said  sale,  with  interest  thereon 
at  the  rate  of  seven  per  cent  per  annum;  and  also  all  taxes  that 
were  a  lien  upon  said  real  estate  at  the  time  said  taxes  became 
delinquent;  and  also  for  each  year  since  the  sale  for  which 
taxes  on  said  land  have  not  been  paid,  an  amount  equal  to  the 
percentage  of  taxes  for  that  year  upon  the  value  of  said  real 
estate  as  assessed  for  that  year;  or  if  not  so  assessed,  then  upon 
the  value  of  the  property  as  assessed  in  the  year  nearest  to  the 
time  of  such  redemption,  with  interest  from  the  first  day  of 
January  of  each  of  said  years  respectively  at  the  same  rate;  and 
also  all  costs  and  expenses  which  may  have  accrued  by  reason  of 
such  delinquency  and  sale,  and  the  costs  and  expenses  of  such 
redemption,  as  hereinafter  specified,  and  penalties  as  follows, 
to  wit:  Ten  per  cent,  if  redeemed  within  six  months  from  the 
date  of  sale;  twenty  per  cent,  if  redeemed  within  one  year  there- 
from; forty  per  cent,  if  redeemed  within  two  years  therefrom; 
sixty  per  cent,  if  redeemed  within  three  years  therefrom;  eighty 
per  cent,  if  redeemed  within  four  years  therefrom;  and  one 
hundred  per  cent,  if  redeemed  within  five  or  any  greater  num- 
ber of  years  therefrom.  The  penalty  shall  be  computed  upon 
the  amount  of  each  year's  taxes,  in  like  manner,  reckoning 
from  the  time  when  the  lands  would  have  been  sold  for  the  taxes 
of  that  year,  if  there  had  been  no  previous  sale  thereof.  The 
County  Auditor  shall,  on  the  application  of  the  person  desiring 
to  redeem,  make  an  estimate  of  the  amount  to  be  paid,  and 
shall  give  him  triplicate  certificates  of  the  amount,  specifying 
the  several  amounts  thereof,  which  certificates  shall  be  deliv- 
ered to  the  County  Treasurer,  together  with  the  money;  and 
the  County  Treasurer  shall  give  triplicate  receipts,  written  or 
indorsed  upon  said  certificates,  to  the  redemptioner,  who  shall 
deliver  one  of  said  receipts  to  the  State  Controller  and  one  to 
the  County  Auditor,  taking  their  receipts  therefor.  The  County 
Treasurer  shall  settle  for  the  moneys  received,  as  for  other  State 
and  county  moneys.  Upon  the  payment  of  the  money  specified 
in  said  certificate,  and  the  giving  of  the  receipts  aforesaid  by 
the  Treasurer,  Controller,  and  Auditor,  any  deed  or  certificate 
of  sale  that  may  have  been  made  to  the  State  shall  become  null 
and  void,  and  all  right,  title,  and  interest  acquired  by  the  State 
under  and  by  virtue  of  the  tax  sale  shall  cease  and  determine. 
The  receipts  of  the  County  Treasurer,  Controller,  and  County 
Auditor  may  be  recorded  in  the  Recorder's  office  of  the  county 
in  which  said  real  estate  is  situated,  in  the  book  of  deeds,  and 
the  record  thereof  shall  have  the  same  effect  as  that  of  a  deed 
of  reconveyance  of  the  interest  conveyed  by  such  deed  or  sale. 


—  23  — 

This  Act  shall  not  apply  to  school  lands  when  the  full  amount 
of  one  dollar  and  twenty-five  cents  per  acre  has  not  been  paid 
to  the  State  therefor. 

Sec.  20.  Section  thirty-eight  hundred  and  ninety-nine  of 
the  Political  Code  of  the  State  of  California  is  hereby  amended 
to  read  as  follows: 

3899.  The  Controller  may,  at  any -time  after  a  delinquent 
list  has  been  delivered  to  a  Collector,  direct  such  Collector  not 
to  proceed  in  the  collection  of  any  tax  on  said  list  amounting 
to  three  hundred  dollars,  further  than  to  offer  for  sale  but 
once  to  the  State  any  property  upon  which  such  tax  is  a  lien. 
Upon  such  direction,  the  Collector,  after  offering  the  property 
for  sale  once,  if  the  taxes  which  are  a  lien  upon  such  property 
are  not  then  and  there  paid  by  the  owner  or  person  in  interest, 
the  Collector  must  make  out  and  deliver  to  the  Controller  a 
certified  copy  of  the  entries  upon  the  delinquent  list  relative 
to  such  tax,  and  the  Tax  Collector,  or  the  Controller,  in  case 
the  Tax  Collector  refuses  or  neglects  for  fifteen  days  after  being 
directed  to  bring  suit  for  collection  by  the  Controller,  may  pro- 
ceed by  civil  action  in  the  proper  Court,  and  in  the  name  of  the 
people  of  the  State  of  California,  to  collect  such  tax  and  cost. 

Sec.  21.  Section  thirty-eight  hundred  and  eighteen  of  the 
Political  Code  of  the  State  of  California  is  hereby  repealed. 

Sec.  22.  All  Acts  and  parts  of  Acts  in  conflict  with  this  Act 
are  hereby  repealed. 

Sec  23.  This  Act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 


CHAPTER  XII. 

An  Act  repealing  chapter  ninety-six  of  the  statutes  of  eighteen 
hundred  and  eighty-three,  entitled  "An  Act  to  appropriate 
money  for  the  support  of  aged  persons  in  indigent  circum- 
stances" approved  March  IS,  1888. 

[Approved  February  28,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Chapter  ninety-six  of  the  statutes  of  eighteen 
hundred  and  eighty-three,  entitled  "An  Act  to  appropriate 
money  for  the  support  of  aged  persons  in  indigent  circum- 
stances," approved  March  fifteenth,  eighteen  hundred  and 
eighty-three,  is  hereby  repealed. 

Sec  2.  This  Act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 


—  24  — 


CHAPTER  XV. 

An  Act  to  amend  section  seven  hundred  and  fifty-two  of  an  Act 

entitled  uAn  Act  to  provide  for  the  organization,  incorporation, 

and  government  of  municipal  corporations"  approved  March 

18,  1888. 

[Approved  March  5,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Section  seven  hundred  and  fifty-two  of  an  Act 
entitled  "An  Act  to  provide  for  the  organization,  incorporation, 
and  government  of  municipal  corporations,"  approved  March 
thirteenth,  eighteen  hundred  and  eighty-three,  is  hereby 
amended  so  as  to  read  as  follows: 

Section  752.  The  members  of  the  Board  of  Trustees,  and  of 
the  Board  of  Education,  and  the  Assessor,  Marshal,  Treasurer, 
City  Attorney,  and  Recorder,  shall  be  elected  by  the  qualified 
electors  of  said  city,  at  a  general  municipal  election  to  be  held 
therein  on  the  second  Monday  in  April,  in  each  odd-numbered 
year.  The  Assessor,  Marshal,  Treasurer,  City  Attorney,  and 
Recorder  shall  hold  office  for  the  period  of  two  years  from  and 
after  the  Monday  next  succeeding  the  day  of  such  election,  and 
until  their  successors  are  elected  and  qualified.  Members  of 
the  Board  of  Trustees  and  of  the  Board  of  Education  shall  hold 
office  for  the  period  of  four  years  from  and  after  the  Monday 
next  succeeding  the  day  of  such  election,  and  until  their  suc- 
cessors are  elected  and  qualified;  provided,  that  the  first  Board 
of  Trustees  and  Board  of  Education  elected  under  the  provis- 
ions of  this  Act  shall  at  their  first  meeting  so  classify  them- 
selves, by  lot,  as  that  three  of  their  members  shall  go  out  of 
office  at  the  expiration  of  two  years,  and  two  at  the  expiration 
of  four  years.  The  City  Clerk  shall  be  appointed  by  the  Board 
of  Trustees,  and  shall  hold  office  during  the  pleasure  of  the  Board 
of  Trustees.  The  Board  of  Trustees  may,  in  their  discretion, 
appoint  a  Poundmaster,  to  hold  office  during  the  pleasure  of  the 
Board;  also,  a  Superintendent  of  Streets  and  a  City  Engineer, 
both  of  whom  shall  hold  office  during  the  pleasure  of  the  Board, 
and  both  of  which  offices  may  be  held  by  the  same  person. 

Sec.  2.     This  Act  shall  take  effect  immediately. 


—  25  — 


CHAPTER   XVIII. 


An  Act  to  amend  section  three  thousand  and  ten  of  the  Civil  Code, 
relating  to  the  right  of  the  pledgee  to  purchase  the  pledged  prop- 
erty when  sold  at  public  auction. 

[Approved  March  8,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Section  three  thousand  and  ten  of  the  Civil  Code 
is  hereby  amended  so  as  to  read  as  follows: 

3010.  Whenever  property  pledged  is  sold  at  public  auc- 
tion, in  the  manner  provided  by  section  three  thousand  and 
five  of  this  Code,  the  pledgee  or  pledge-holder  may  purchase 
said  property  at  such  sale. 

Sec.  2.     This  Act  shall  take  effect  immediately. 


CHAPTER  XXI. 

An  Act  to  amend  section  seventeen  hundred  and  ninety-nine  of 
an  Act  entitled  "An  Act  to  establish  a  Code  of  Civil  Procedure" 
approved  March  11, 1872,  relating  to  the  discharge  of  guardians. 

[Approved  March  8,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Section  seventeen  hundred  ninety-nine  of  an 
Act  entitled  "An  Act  to  establish  a  Code  of  Civil  Procedure," 
approved  March  eleventh,  eighteen  hundred  and  seventy-two, 
is  hereby  amended  to  read  as  follows: 

1799.  Such  order  is  a  discharge  of  the  executor,  adminis- 
trator, local  guardian,  or  other  person  in  whose  possession  the 
property  may  be  at  the  time  the  order  is  made,  on  filing  with 
the  Clerk  of  the  Court  a  receipt  therefor  of  a  foreign  guardian 
of  such  absent  ward,  and  transmitting  a  duplicate  receipt,  or  a 
certified  copy  of  such  receipt,  to  the  Court  from  which  such 
non-resident  guardian  received  his  appointment. 


—  26  — 


CHAPTER  XXII. 


An  Act  to  amend  jchapter  two,  part  four,  title  fourteen,  of  the  Civil 
Code,  by  adding  thereto  a  new  section,  to  be  numbered  as  section 
twenty-nine  hundred  thirty-nine  and  one  half,  relating  to  satis- 
factions or  releases  of  mortgages  in  this  State  by  foreign  execu- 
tors or  administrators. 

[Approved  March  8,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Chapter  two,  part  four,  title  fourteen,  of  the  Civil 
Code,  is  hereby  amended  by  adding  a  new  section' thereto,  to  be 
numbered  and  known  as  twenty-nine  hundred  thirty-nine  and 
one  half,  and  to  read  as  follows: 

293GH.  Foreign  executors  and  administrators  may  satisfy 
mortgages  upon  the  records  of  any  county  in  this  State,  upon 
producing  and  recording  in  the  office  of  the  County  Recorder  of 
the  county  in  which  such  mortgage  is  recorded,  a  duly  certified 
and  authenticated  copy  of  their  letters  testamentary  or  of  ad- 
ministration, and  which  certificate  shall  also  recite  that  said 
letters  have  not  been  revoked. 

Sec  2.     This  Act  shall  take  effect  immediately. 


CHAPTER  XXIII. 

An  Act  to  amend  section  seven  hundred  and  fifty-two  of  an  Act 
entitled  "An  Act  to  establish  a  Political  Code,"  approved  March 
12,  1872,  relative  to  the  fees  to  be  collected  by  the  Clerk  of  the 
Supreme  Court  of  the  State  of  California. 

[Approved  March  8, 1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Section  seven  hundred  fifty-two  of  an  Act  enti- 
tled "An  Act  to  establish  a  Political  Code,"  approved  March 
twelfth,  eighteen  hundred  and  seventy-two,  is  hereby  amended 
to  read  as  follows: 

752.  He  must  collect  in  advance  the  following  fees:  For 
filing  the  transcript  on  appeal,  in  each  civil  case  appealed  to 
the  Supreme  Court,  ten  dollars,  in  full  of  all  services  rendered 
in  each  case  up  to  the  rendering  of  the  judgment  or  the  issuing 
of  the  remittitur,  when  no  petition  for  a  rehearing  has  been 
filed;  for  filing  a  petition  for  a  rehearing,  and  for  all  services 
to  the  issuing  of  remittitur  to  the  Court  below,  two  dollars 
and  fifty  cents;  for  filing  motion  to  dismiss  appeal  on  Clerk's 
certificate,  two  dollars  and  fifty  cents;  for  filing  petitions  for 
writs  of  mandate,  review,  prohibition,  and  other  original  pro- 
ceedings, seven  dollars  and  fifty  cents,  in  full  for  all  services 


—  27  — 

rendered  in  each  case;  for  filing  order  extending  time  to  file 
transcript,  fifty  cents;  for  certificate  of  admission  as  attorney 
and  counselor,  ten  dollars;  for  filing  each  paper  in  writs  of 
error  to  the  Supreme  Court  of  the  United  States,  twenty-five 
cents;  for  making  record  in  writs  of  error  to  the  Supreme 
Court  of  the  United  States,  and  for  copies  of  any  record  or 
document  in  his  office,  per  folio,  ten  cents;  but  this  fee  shall  not 
be  taxed  against  parties  to  suits  for  any  paper  or  copy  of  paper 
up  to  and  including  remittitur;  for  comparing  any  document 
requiring  any  document  requiring  a  certificate,  per  folio,  five 
cents;  for  each  certificate  under  seal,  one  dollar. 

Sec.  2.    This  Act  shall  take  effect  from  and  after  its  passage. 


CHAPTER  XXIV. 

An  Act  to  amend  section  two  hundred  and  ninety-seven  of  an  Act 
entitled  "An  Act  to  establish  a  Civil  Code"  approved  March  21, 
1872,  relating  to  articles  of  incorporation. 

[Approved  March  8,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Section  two  hundred  and  ninety-seven  of  the 
Civil  Code  is  hereby  amended  to  read  as  follows: 

297.  A  copy  of  any  articles  of  incorporation  filed  in  pur- 
suance of  this  chapter,  and  certified  by  the  Secretary  of  State, 
or  by  the  County  Clerk  of  the  county  where  the  original  articles 
shall  have  been  filed,  must  be  received  in  all  the  Courts  of  this 
State,  and  other  places,  as  prima  facie  evidence  of  the  facts 
therein  stated. 

Sec.  2.     This  Act  shall  take  effect  immediately  on  its  passage. 


CHAPTER   XXV. 

An  Act  to  amend  section  ninety-four  of  an  Act  entitled  "An  Act 
to  establish  a  Penal  Code,"  approved  February  14,  1872,  rela- 
tive to  the  fees  of  court  reporters  and  the  misconduct  of  judi- 
cial officers. 

[Approved  March  8,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Section  ninety-four  of  an  Act  entitled  "An  Act 
to  establish  a  Penal  Code,"  approved  February  fourteenth,  eigh- 
teen hundred  and  seventy-two,  is  amended  to  read  as  follows: 

94.  Every  judicial  officer  who  asks  or  receives  any  emolu- 
ment, gratuity,  or  reward,  or  any  promise  thereof,  except  such 
as  may  be  authorized  by  law,  for  doing  any  official  act,  is  guilty 


—  28  — 

of  a  misdemeanor.  Every  judicial  officer  who  shall  ask  or 
receive  the  whole  or  any  part  of  the  fees  allowed  by  law  to  any 
stenographer  or  reporter  appointed  by  him,  or  any  other  per- 
son, to  record  the  proceedings  of  any  Court  or  investigation 
held  by  him,  shall  be  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  forfeit  his  office.  Any  stenographer  01 
reporter,  appointed  by  any  judicial  officer  in  this  State,  who 
shall  pay,  or  offer  to  pay,  the  whole  or  any  part  of  the  fees 
allowed  him  by  law,  for  his  appointment  or  retention  in  office, 
shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  forever  disqualified  from  holding  any  similar  office  in 
the  Courts  of  this  State. 

Sec.  2.     This  Act  shall  take  effect  immediately. 


CHAPTER  XXVI. 

An  Act  to  amend  section  five  hundred  and  eighty-one  of  an  Act 
entitled  "An  Act  to  establish  a  Code  of  Civil  Procedure" 
approved  March  11,  1872,  relating  to  the  dismissal  of  civil 
actions. 

[Approved  March  8,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Section  five  hundred  and  eighty-one  of  the  Code 
of  Civil  Procedure  is  hereby  amended  to  read  as  follows: 

581.  An  action  may  be  dismissed  or  a  judgment  of  nonsuit 
entered,  in  the  following  cases: 

1.  By  the  plaintiff  himself,  at  any  time  before  trial,  upon 
payment  of  costs;  provided,  a  counter-claim  has  not  been  made, 
or  affirmative  relief  sought  by  the  cross-complaint  or  answer  of 
the  defendant.  If  a  provisional  remedy  has  been  allowed,  the 
undertaking  must  thereupon  be  delivered  by  the  Clerk  to  the 
defendant,  who  may  have  his  action  thereon. 

2.  By  either  party  upon  the  written  consent  of  the  other. 

3.  By  the  Court,  when  the  plaintiff  fails  to  appear  on  the 
trial,  and  the  defendant  appears  and  asks  for  the  dismissal. 

4.  By  the  Court,  when  upon  the  trial  and  before  the  final 
submission  of  the  case,  the  plaintiff  abandons  it. 

5.  By  the  Court,  upon  motion  of  the  defendant,  when  upon 
the  trial  the  plaintiff  fails  to  prove  a  sufficient  case  for  the  jury. 

6.  By  the  Court,  when,  after  verdict  or  final  submission,  the 
party  entitled  to  judgment  neglects  to  demand  and  have  the 
same  entered  for  more  than  six  months. 

The  dismissal  mentioned  in  the  first  two  subdivisions  of  this 
section  is  made  by  entry  in  the  Clerk's  register;  judgment  may 
thereupon  be  entered  accordingly. 

7.  And  no  action  heretofore  or  hereafter  commenced  shall  be 
further  prosecuted,  and  no  further  proceedings  shall  be  had 
therein,  and  all  actions  heretofore  or  hereafter  commenced  shall 
be  dismissed  by  the  Court  in  which  the  same  shall  have  been 


—  29  — 

commenced  on  its  own  motion,  or  on  motion  of  any  party  inter- 
ested therein,  whether  named  in  the  complaint  as  a  party  or 
not,  unless  summons  shall  have  been  issued  within  one  year; 
and  all  such  actions  shall  be  in  like  manner  dismissed,  unless 
the  summons  shall  be  served  and  return  thereon  made  within 
three  years  after  the  commencement  of  said  action.  But  all 
such  actions  may  be  prosecuted,  if  appearance  has  been  made 
by  the  defendant  or  defendants  within  said  three  years,  in  the 
same  manner  as  if  summons  had  been  issued  and  served. 

Sec.  2.     This  Act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 


CHAPTER  XXVII. 

An  Act  to  amend  an  Act  entitled  "An  Act  to  authorize  the  hus- 
band or  wife,  or  next  of  kin,  of  a  deceased  person,  to  collect  and 
receive  of  any  savings  bank  any  deposit  in  such  bank,  when  the 
same  does  not  exceed  the  sum  of  three  hundred  dollars"  approved 
February  18, 1874. 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1 .  Section  one  of  said  Act  is  hereby  amended  so  as 
to  read  as  follows: 

Section  1.  The  surviving  husband  or  wife  of  any  deceased 
person,  or  if  no  husband  or  wife  be  living,  then  the  next  of  kin 
of  such  decedent,  may,  without  procuring  letters  of  adminis- 
tration, collect  of  any  bank  any  sum  which  said  deceased  may 
have  left  on  deposit  in  such  bank  at  the  time  of  his  or  her 
death;  provided,  said  deposit  shall  not  exceed  the  sum  of  five 
hundred  dollars. 

Sec.  2.  Section  two  of  said  Act  is  hereby  amended  so  as  to 
read  as  follows: 

Section  2.  Any  bank,  upon  receiving  an  affidavit  stating 
that  said  depositor  is  dead,  and  that  affiant  is  the  surviving 
husband  or  wife,  as  the  case  may  be,  or  stating  that  said  dece- 
dent left  no  husband  or  wife,  and  that  affiant  is  next  of  kin  of 
said  decedent,  and  entitled  to  distribution,  and  that  the  whole 
amount  that  decedent  left  on  deposit  in  any  and  all  banks  of 
deposit  in  this  State  does  not  exceed  the  sum  of  five  hundred 
dollars,  may  pay  to  said  affiant  any  deposit  of  said  decedent, 
if  the  same  does  not  exceed  the  sum  of  five  hundred  dollars, 
and  the  receipt  of  such  affiant  shall  be  a  sufficient  acquittance 
therefor. 

Sec  3.  Any  person  who  shall  make  a  false  affidavit  in 
regard  to  the  matters  specified  in  this  Act,  shall  be  deemed  to 
be  guilty  of  perjury. 

Sec  4.     This  Act  shall  take  effect  from  and  after  its  passage. 

[Became  a  law,  under  constitutional  provision,  without  Governor's  approval, 
March  8,  1895.] 


—  30  — 


CHAPTER  XXVIII. 

An  Act  to  amend  sections  two,  six,  eleven,  fifteen,  seventeen,  and 
eighteen  of  an  Act  entitled  "An  Act  to  establish  a  tax  on  col- 
lateral inheritances,  bequests,  and  devises,  to  provide  for  its 
collection,  and  to  direct  the  disposition  of  the  proceeds,"  approved 

March  23,  1898. 

[Approved  March  9,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Section  two  of  an  Act  entitled  "An  Act  to  estab- 
lish a  tax  on  collateral  inheritances,  bequests,  and  devises,  to 
provide  for  its  collection,  and  to  direct  the  disposition  of  the 
proceeds,"  approved  March  twenty-third,  eighteen  hundred  and 
ninety-three,  is  hereby  amended  to  read  as  follows: 

Section  2.  When  any  grant,  gift,  legacy,  or  succession  upon 
which  a  tax  is  imposed  by  section  one  of  this  Act  shall  be  an 
estate,  income,  or  interest  for  a  term  of  years,  or  for  life,  or 
determinable  upon  any  future  or  contingent  event,  or  shall  be 
a  remainder,  reversion,  or  other  expectancy,  real  or  personal, 
the  entire  property  or  fund  by  which  such  estate,  income,  or 
interest  is  supported,  or  of  which  it  is  a  part,  shall  be  appraised 
immediately  after  the  death  of  the  decedent,  and  the  market 
value  thereof  determined,  in  the  manner  provided  in  section 
eleven  of  this  Act,  and  the  tax  prescribed  by  this  Act  shall  be 
immediately  due  and  payable  to  the  Treasurer  of  the  proper 
county,  and,  together  with  the  interest  thereon,  shall  be  and 
remain  a  lien  on  said  property  until  the  same  is  paid;  provided, 
that  the  person  or  persons,  or  body  politic  or  corporate,  benefi- 
cially interested  in  the  property  chargeable  with  said  tax,  may 
elect  not  to  pay  the  same  until  they  shall  come  into  the  actual 
possession  or  enjoyment  of  such  property,  and  in  that  case  such 
person  or  persons,  or  body  politic  or  corporate,  shall  execute  a 
bond  to  the  people  of  the  State  of  California,  in  a  penalty  of 
twice  the  amount  of  the  tax  arising  upon  personal  estate,  with 
such  sureties  as  the  said  Superior  Court  may  approve,  condi- 
tioned for  the  payment  of  said  tax,  and  interest  thereon,  at  such 
time  or  period  as  they  or  their  representatives  may  come  into 
the  actual  possession  or  enjoyment  of  such  property,  which  bond 
shall  be  filed  in  the  office  of  the  County  Clerk  of  the  proper 
county;  provided  further,  that  such  person  shall  make  a  full  and 
verified  return  of  such  property  to  said  Court,  and  file  the  same 
in  the  office  of  the  County  Clerk  within  one  year  from  the  death 
of  the  decedent,  and  within  that  period  enter  into  such  security, 
and  renew  the  same  every  five  years. 

Sec.  2.  Section  six  of  said  Act  is  hereby  amended  to  read 
as  follows: 

Section  6.  Any  administrator,  executor,  or  trustee  having 
in  charge  or  trust  any  legacy  or  property  for  distribution,  sub- 
ject to  the  said  tax,  shall  deduct  the  tax  therefrom,  or  if  the 
legacy  or  property  be  not  money  he  shall  collect  the  tax  thereon, 


—  31  — 

upon  the  market  value  thereof,  from  the  legatee  or  person  en- 
titled to  such  property,  and  he  shall  not  deliver,  or  be  com- 
pelled to  deliver,  any  specific  legacy  or  property  subject  to  tax 
to  any  person  until  he  shall  have  collected  the  tax  thereon ;  and 
whenever  any  such  legacy  shall  be  charged  upon  or  payable 
out  of  real  estate,  the  executor,  administrator,  or  trustee  shall 
collect  said  tax  from  the  distributee  thereof,  and  the  same  shall 
remain  a  charge  on  such  real  estate  until  paid;  if,  however, 
such  legacy  be  given  in  money  to  any  person  for  a  limited 
period,  the  executor,  administrator,  or  trustee  shall  retain  the 
tax  upon  the  whole  amount;  but  if  it  be  not  in  money  he  shall 
make  application  to  the  Superior  Court  to  make  an  apportion- 
ment, if  the  case  require  it,  of  the  sum  to  be  paid  into  his 
hands  by  such  legatees,  and  for  such  further  order  relative 
thereto  as  the  case  may  require. 

Sec.  3.  Section  eleven  of  said  Act  is  hereby  amended  to 
read  as  follows: 

Section  11.  When  the  value  of  any  inheritance,  devise,  be- 
quest, or  other  interest  subject  to  the  payment  of  said  tax  is 
uncertain,  the  Superior  Court  in  which  the  probate  proceedings 
are  pending,  on  the  application  of  any  interested  party,  or  upon 
his  own  motion,  shall  appoint  some  competent  person  as  ap- 
praiser, as  often  as  and  whenever  occasion  may  require,  whose 
duty  it  shall  be  forthwith  to  give  such  notice,  by  mail,  to  all 
persons  known  to  have  or  claim  an  interest  in  such  property, 
and  to  such  persons  as  the  Court  may  by  order  direct,  of  the 
time  and  place  at  which  he  will  appraise  such  property,  and  at 
such  time  and  place  to  appraise  the  same  and  make  a  report 
thereof,  in  writing,  to  said  Court,  together  with  such  other  facts 
in  relation  thereto  as  said  Court  may  by  order  require  to  be 
filed  with  the  Clerk  of  said  Court;  and  from  this  report  the 
said  Court  shall,  by  order,  forthwith  assess  and  fix  the  market 
value  of  all  inheritances,  devises,  bequests,  or  other  interests, 
and  the  tax  to  which  the  same  is  liable,  and  shall  immediately 
cause  notice  thereof  to  be  given,  by  mail,  to  all  parties  known 
to  be  interested  therein;  and  the  value  of  every  future  or  con- 
tingent or  limited  estate,  income,  or  interest  shall,  for  the  pur- 
poses of  this  Act,  be  determined  by  the  rule,  method,  and 
standards  of  mortality  and  of  value  that  are  set  forth  in  the 
actuaries'  combined  experience  tables  of  mortality  for  ascer- 
taining the  value  of  policies  of  life  insurance  and  annuities,  and 
for  the  determination  of  the  liabilities  of  life  insurance  com- 
panies, save  that  the  rate  of  interest  to  be  assessed  in  computing 
the  present  value  of  all  future  interests  and  contingencies  shall 
be  five  per  centum  per  annum;  and  the  Insurance  Commissioner 
shall,  on  the  application  of  said  Court,  determine  the  value  of 
such  future  or  contingent  or  limited  estate,  income,  or  interest, 
upon  the  facts  contained  in  such  report,  and  certify  the  same 
to  the  Court,  and  his  certificate  shall  be  conclusive  evidence 
that  the  method  of  computation  adopted  therein  is  correct. 
The  said  appraiser  shall  be  paid  by  the  County  Treasurer  out 
of  any  funds  that  he  may  have  in  his  hands  on  account  of  said 
tax,  on  the  certificate  of  the  Court,  at  the  rate  of  five  dollars 


/ 


—  32  — 

per  day  for  every  day  actually  and  necessarily  employed  in  said 
appraisement,  together  with  his  actual  and  necessary  traveling 
expenses. 

Sec.  4.  Section  fifteen  of  said  Act  is  hereby  amended  to  read 
as  follows: 

Section  15.  Whenever  the  Treasurer  of  any  county  shall 
have  reason  to  believe  that  any  tax  is  due  and  unpaid  under 
this  Act,  after  the  refusal  or  neglect  of  the  persons  interested  in 
the  property  liable  to  said  tax  to  pay  the  same,  he  shall  notify 
the  District  Attorney  of.  the  proper  county,  in  writing,  of  such 
failure  to  pay  such  tax,  and  the  District  Attorney  so  notified,  if 
he  have  probable  cause  to  believe  a  tax  is  due  and  unpaid,  shall 
prosecute  the  proceeding  in  the  Superior  Court,  as  provided  in 
section  fourteen  of  this  Act,  for  the  enforcement  and  collection 
of  such  tax. 

Sec.  5.  Section  seventeen  of  said  Act  is  hereby  amended  to 
read  as  follows: 

Section  17.  Whenever  the  Superior  Court  of  any  county 
shall  certify  that  there  was  probable  cause  for  issuing  a  cita- 
tion, and  taking  the  proceedings  specified  in  section  fifteen  of 
this  Act,  the  State  Treasurer  shall  pay,  or  allow,  to  the  Treasurer 
of  any  county,  all  expenses  incurred  for  services  of  citation, 
and  his  other  lawful  disbursements  that  have  not  otherwise 
been  paid. 

Sec.  6.  Section  eighteen  of  said  Act  is  hereby  amended  to 
read  as  follows: 

Section! 8.  The  County  Clerk  of  each  county  shall  keep  a 
book  in  which  he  shall  enter  the  values  of  inheritances,  devises, 
bequests,  and  other  interests  subject  to  the  payment  of  said  tax, 
and  the  tax  assessed  thereon,  and  the  amounts  of  any  receipts 
for  payments  thereon  filed  with  him,  which  books  shall  be  kept 
by  him  as  public  records. 

Sec  7.  This  Act  shall  go  into  effect  on  and  after  its  ap- 
proval. 


CHAPTER  XXIX. 

An  Act  to  amend  section  four  hundred  and  eighty-seven  of  an  Act 
entitled  "An  Act  to  establish  a  Penal  Code"  approved  February 
14,  1872,  defining  grand  larceny. 

[Approved  March  9,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Section  four  hundred  and  eighty-seven  of  the 
Penal  Code  of  the  State  of  California  is  amended  hereby  so  as 
to  read  as  follows: 

487.  Grand  larceny  is  larceny  committed  in  either  of  the 
following  cases: 

1.  When  the  property  taken  is  of  a  value  exceeding  fifty 
dollars. 


—  33  — 

2.  When  the  property  is  taken  from  the  person  of  another. 

3.  When  the  property  taken  is  a  horse,  mare,  gelding,  cow, 
steer,  bull,  calf,  mule,  jack,  or 'jenny. 


CHAPTER  XXX. 

An  Act  to  amend  section  two  thousand  two  hundred  and  eighteen 
of  the  Political  Code  of  the  State  of  California,  relating  to 
the  commitment  of  insane  persons. 

[Approved  March  9,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Section  two  thousand  two  hundred  and  eighteen 
of  the  Political  Code  of  the  State  of  California  is  hereby 
amended  so  as  to  read  as  follows: 

2218.  The  insane  person,  together  with  the  order  of  the 
Judge  and  certificate  of  the  physicians,  must  be  delivered  to 
the  Sheriff  of  the  county,  and  by  him  must  be  delivered  to  the 
officer  in  charge  of  the  insane  asylum;  but  no  female  insane 
person  shall  be  taken  to  the  asylum  without  the  attendance  of 
some  other  female,  or  some  relative  of  such  insane  person. 

Sec.  2.     This  Act  shall  take  effect  immediately. 


CHAPTER  XXXI. 

An  Act  to  amend  section  six  hundred  and  seventy-one  of  the  Code 
of  Civil  Procedure,  relating  to  the  lien  of  judgments,  their  en- 
forcement and  revivor. 

[Approved  March  9,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Section  six  hundred  and  seventy-one  of  the  Code 
of  Civil  Procedure  is  hereby  amended  so  as  to  read  as  follows: 

671.  Immediately  after  filing  the  judgment  roll,  the  Clerk 
must  make  the  proper  entries  of  the  judgment,  under  appro- 
priate heads,  in  the  docket  kept  by  him;  and  from  the  time  the 
judgment  is  docketed  it  becomes  a  lien  upon  all  the  real  prop- 
erty of  the  judgment  debtor  not  exempt  from  execution  in  the 
county,  owned  by  him  at  the  time,  or  which  he  may  afterwards 
acquire,  until  the  lien  ceases.  The  lien  continues  for  five  years, 
unless  the  enforcement  of  the  judgment  be  stayed  on  appeal  by 
the  execution  of  a  sufficient  undertaking  as  provided  in  this 
Code,  in  which  case  the  lien  of  the  judgment  and  any  lien  by 
virtue  of  an  attachment  that  has  been  issued  and  levied  in  the 
action  ceases. 

Sec  2.     This  Act  shall  take  effect  immediately. 
3 


34  — 


CHAPTER  XXXII. 

An  Act  to  amend  section  one  of  "An  Act  authorizing  the  appoint- 
ment of  an  interpreter  of  the  Italian  language  and  dialects  in 
criminal  proceedings,  in  cities  and  cities  and  counties  of  one 
hundred  thousand  inhabitants  and  over"  approved  March  12, 
1885. 

[Approved  March  9,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Section  one  of  an  Act  entitled  "An  Act  to  author- 
ize the  appointment  of  an  interpreter  of  the  Italian  language 
and  dialects  in  criminal  proceedings,  in  cities  and  cities  and 
counties  of  one  hundred  thousand  inhabitants,"  approved 
March  twelfth,  eighteen  hundred  and  eighty-five,  is  amended 
to  read  as  follows: 

Section  1.  In  all  cities  and  cities  and  counties  of  over  one 
hundred  thousand  inhabitants,  where  an  interpreter  of  the 
Italian  language  is  necessary,  it  shall  be  the  duty  of  the  Mayor 
and  Police  Judge  of  such  city,  or  city  and  county,  and  of  the 
Judge  of  the  Superior  Court  of  said  city  and  county,  or  of  the 
county  in  which  said  city  is  situated,  or  where  there  are  more 
Judges  than  one,  then  it  shall  be  the  duty  of  the  presiding 
Judge  of  said  Superior  Court  and  the  presiding  Judge  of  the 
Police  Court  and  the  Mayor,  to  appoint  an  interpreter  of  the 
Italian  language,  who  must  be  able  to  interpret  the  Italian 
language  and  dialects  into  the  English  language,  to  be  employed 
in  criminal  proceedings  when  necessary  in  said  cities,  or  cities 
and  counties. 

Sec  2.     This  Act  shall  take  effect  immediately. 


CHAPTER  XXXIII. 

An  Act  to  amend  section  six  hundred  and  eighty-five  of  the  Code 
of  Civil  Procedure,  relating  to  the  enforcement  or  carrying  into 
execution  of  judgments  after  the  lapse  of  five  years  from  the  date 
of  entry. 

[Approved  March  9,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Section  six  hundred  and  eighty-five  of  the  Code 
of  Civil  Procedure  is  hereby  amended  so  as  to  read  as  follows: 

685.  In  all  cases,  the  judgment  may  be  enforced  or  carried 
into  execution  after  the  lapse  of  five  years  from  the  date  of  its 
entry,  by  leave  of  the  Court,  upon  motion,  or  by  judgment 
for  that  purpose,  founded  upon  supplemental  pleadings;  but 
nothing  in  this  section  shall  be  construed  to  revive  a  judgment 
for  the  recovery  of  money  which  shall  have  been  barred  by 
limitation  at  the  time  of  the  passage  of  this  Act. 

Sec  2.     This  Act  shall  take  effect  immediately. 


—  35 


CHAPTER  XXXIV. 

An  Act  to  add  a  new  section  to  the  Code  of  Civil  Procedure,  said 
section  to  be  designated  as  section  seventeen  hundred  and  forty- 
four,  relating  to  a  penalty  for  Public  Administrators  who  do  not 
file  reports  of  estates  in  their  charge. 

[Approved  March  9,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  A  new  section  is  hereby  added  to  the  Code  of 
Civil  Procedure,  next  after  section  seventeen  hundred  and  forty- 
three,  and  included  in  chapter  thirteen,  part  three,  title  eleven, 
and  designated  as  section  seventeen  hundred  and  forty-four,  to 
read  as  follows: 

1744.  Every  Public  Administrator,  or  person  who  holds 
letters  of  administration,  who  was  appointed  while  acting  as 
Public  Administrator,  who  fails  to  comply  with  the  provisions 
of  section  seventeen  hundred  and  thirty-five,  seventeen  hundred 
and  thirty-six  and  section  seventeen  hundred  and  thirty-nine 
of  this  Code,  is  guilty  of  a  misdemeanor;  and  upon  conviction 
thereof,  shall  be  punished  by  a  fine  not  less  than  one  hundred 
dollars  for  each  offense;  and  it  shall  be  the  duty  of  the  District 
Attorney  of  the  county  to  see  that  the  provisions  of  this  chapter 
are  fully  complied  with. 

Sec.  2.     This  Act  shall  take  effect  from  and  after  its  passage. 


CHAPTER  XXXV. 

An  Act  to  amend  section  ten  hundred  and  ninety-four  of  the  Civil 
Code,  relating  to  the  execution  and  acknowledging  of  powers  of 
attorney  by  a  married  woman,  and  to  make  valid  all  powers  of 
attorney  formerly  executed  by  married  women. 

[Approved  March  9,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Section  ten  hundred  and  ninety-four  of  the  Civil 
Code  is  hereby  amended  to  read  as  follows: 

1094.  A  married  woman  may  make,  execute,  and  revoke 
powers  of  attorney  for  the  sale,  conveyance,  or  incumbrance  of 
her  real  or  personal  estate,  which  shall  have  the  same  effect  as 
if  she  were  unmarried,  and  may  be  acknowledged  in  the  same 
manner  as  a  grant  of  real  property. 


—  36 


CHAPTER  XXXVI. 

An  Act  to  amend  section  two  hundred  and  twenty-four  of  the 
Civil  Code,  regarding  the  adoption  of  children. 

[Approved  March  9, 1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Section  two  hundred  and  twenty-four  of  the 
Civil  Code  is  amended  so  as  to  read  as  follows: 

224.  A  legitimate  child  cannot  be  adopted  without  the 
consent  of  its  parents,  if  living;  nor  an  illegitimate  child  with- 
out the  consent  of  its  mother,  if  living;  except  the  consent  is 
not  necessary  from  a  father  or  mother  deprived  of  civil  rights, 
or  adjudged  guilty  of  adultery  or  of  cruelty,  and  for  either  cause 
divorced,  or  adjudged  to  be  an  habitual  drunkard,  or  who  has 
been  judicially  deprived  of  the  custody  of  the  child  on  account 
of  cruelty  or  neglect;  neither  is  the  consent  of  any  one  neces- 
sary in  case  of  any  abandoned  child;  provided,  however,  that 
where  any  such  child,  being  a  half-orphan,  and  kept  and  main- 
tained within  any  orphan  asylum  in  this  State  for  more  than 
two  years,  may  be  adopted  with  the  consent  of  the  managers 
of  such  orphans'  home  without  the  consent  of  the  parent,  unless 
such  parent  has  paid  towards  the  expenses  of  maintenance  of 
such  half-orphan  at  least  a  reasonable  sum  during  the  said 
time,  if  able  so  to  do;  and  where  the  parent  is  a  non-resident 
of  this  State,  such  child  may  be  adopted  with  the  consent  of 
the  managers  of  such  home,  whenever  it  has  been  left  by  its 
parent  in  such  home  for  more  than  one  year,  whether  the  parent 
has  contributed  anything  to  its  support  or  not,  and  the  consent 
of  the  parent  of  such  half-orphan  is  not  necessary  to  its  adop- 
tion, whenever  the  managers  of  the  home  are  authorized  to  give 
such  consent,  as  herein  provided. 

Sec  2.    This  Act  shall  take  effect  immediately. 


CHAPTER  XXXVII. 

An  Act  to  amend  section  six  hundred  and  fifty-three  of  the  Civil 
Code  of  California,  relating  to  the  consolidation  of  colleges  and 
institutions  of  higher  education. 

[Approved  March  9,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Section  six  hundred  and  fifty-three  of  the  Civil 
Code  of  California  is  hereby  amended  so  as  to  read: 

653.  The  several  Boards  of  Trustees  of  the  institutions  thus 
consolidated  shall  be  and  are  hereby  authorized  and  directed  to 
transfer  all  property,  real  and  personal,  held  by  them,  to  the 


—  37  — 

new  corporation,  as  herein  constituted,  together  with  all  powers, 
privileges,  and  authority  conferred  upon  or  enjoyed  by  them 
under  their  respective  charters  or  acts  of  incorporation.  The 
new  corporation  receiving  such  property  shall  assume  all  indebt- 
edness and  liabilities  of  such  institutions  as  are  thus  consoli- 
dated, but  shall  not  transfer  such  property  from  one  location  to 
another,  except  by  an  affirmative  vote  of  not  less  than  three 
fourths  of  the  said  Board  of  Trustees  of  the  new  corporation, 
nor  divert  specific  grants,  donations,  or  bequests  from  the  pur- 
poses for  which  such  grants,  donations,  or  bequests  were  made. 
That  after  the  Boards  of  Trustees  have  conveyed  the  property, 
real  and  personal,  of  the  various  institutions  to  the  new  corpora- 
tion, as  hereinabove  provided,  and  the  same  has  been  accepted 
by  the  said  new  corporation,  then  the  franchises  held  by  the 
corporations  thus  consolidating  shall  cease,  and  the  said  cor- 
porations shall  be  thereby  dissolved. 


CHAPTER  XXXVIII. 

An  Act  to  prevent  deception  in  the  manufacture  and  sale  of  butter 
and  of  cheese,  to  secure  its  enforcement,  and  to  appropriate 
money  therefor. 

[Approved  March  9,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  That  for  the  purposes  of  this  Act,  every  article, 
substance,  or  compound,  other  than  that  produced  from  pure 
milk,  or  cream  from  the  same,  made  in  the  semblance  of  butter, 
and  designed  to  be  used  as  a  substitute  for  butter  made  from 
pure  milk,  or  cream  from  the  same,  is  hereby  declared  to  be 
imitation  butter;  and  that  for  the  purposes  of  this  Act,  every 
article,  substance,  or  compound,  other  than  that  produced  from 
pure  milk,  or  cream  from  the  same,  made  in  the  semblance  of 
cheese,  and  designed  to  be  used  as  substitute  for  cheese  made 
from  pure  milk,  or  cream  from  the  same,  is  hereby  declared  to  be 
imitation  cheese;  provided,  that  the  use  of  salt,  rennet,  and 
harmless  coloring  matter  for  coloring  the  product  of  pure  milk 
or  cream,  shall  not  be  construed  to  render  such  product  an  imi- 
tation; and  provided,  that  nothing  in  this  section  shall  prevent 
the  use  of  pure  skimmed  milk  in  the  manufacture  of  cheese. 

Sec.  2.  No  person,  by  himself  or  his  agents  or  servants, 
shall  render  or  manufacture,  sell,  offer  for  sale,  expose  for  sale, 
or  have  in  his  possession  with  intent  to  sell,  or  use,  or  serve  to 
patrons,  guests,  boarders,  or  inmates,  in  any  hotel,  eating-house, 
restaurant,  public  conveyance,  or  boarding-house,  or  public 
or  private  hospital,  asylum,  school,  or  eleemosynary  or  penal 
institution,  any  article,  product,  or  compound  made  wholly  or 
partly  out  of  any  fat,  oil,  or  oleaginous  substance  or  compound 
thereof,  not  produced  directly  and  at  the  time  of  manufacture 
from  unadulterated  milk,  or  cream  from  the  same,  which  article, 


—  38  — 

product,  or  compound  shall  be  colored  in  imitation  of  butter 
or  cheese  produced  from  unadulterated  milk,  or  cream  from  the 
same;  provided,  that  nothing  in  this  section  shall  be  construed 
to  prohibit  the  manufacture  or  sale,  under  the  regulations  here- 
inafter provided,  of  substances  designed  to  be  used  as  a  substi- 
tute for  butter  or  cheese,  and  not  manufactured  or  colored  as  in 
this  section  prohibited. 

Sec.  3.  Each  person  who,  by  himself  or  another,  lawfully 
manufactures  any  substance  designed  to  be  used  as  a  substitute 
for  butter  or  cheese  shall  mark  by  branding,  stamping,  or  sten- 
ciling upon  the  top  and  sides  of  each  tub,  firkin,  box,  or  other 
package  in  which  such  article  shall  be  kept,  and  in  which  it 
shall  be  removed  from  the  place  where  it  is  produced,  in  a  clear 
and  durable  manner,  in  the  English  language,  the  words  "sub- 
stitute for  butter,"  or  "  substitute  for  cheese,"  as  the  case  may 
be,  in  printed  letters  in  plain  Roman  type,  each  of  which  shall 
not  be  less  than  one  inch  in  height  by  one  half  inch  in  width, 
and  in  addition  to  the  above  shall  prepare  a  statement,  printed 
in  plain  Roman  type  of  a  size  not  smaller  than  pica,  stating  in 
the  English  language  its  name,  and  the  name  and  address  of 
the  manufacturer,  the  name  of  the  place  where  manufactured 
or  put  up,  and  also  the  names  and  actual  percentages  of  the 
various  ingredients  used  in  the  manufacture  of  such  imitation 
butter  or  imitation  cheese;  and  shall  place  a  copy  of  said  state- 
ment within  and  upon  the  contents  of  each  tub,  firkin,  box,  or 
other  package,  and  next  to  that  portion  of  each  tub,  firkin,  box, 
or  other  package  as  is  commonly  and  most  conveniently  opened; 
and  shall  label  the  top  and  sides  of  each  tub,  firkin,  box,  or 
other  package  by  affixing  thereto  a  copy  of  said  statement,  in 
such  manner,  however,  as  not  to  cover  the  whole  or  any  part  of 
said  mark  of  "  substitute  for  butter  "  or  "  substitute  for  cheese." 

Sec.  4.  No  person,  by  himself  or  another,  shall  knowingly 
ship,  consign,  or  forward  by  any  common  carrier,  whether 
public  or  private,  any  substance  designed  to  be  used  as  a  sub- 
stitute for  butter  or  cheese,  unless  the  same  be  marked  and 
contain  a  copy  of  the  statement,  and  be  labeled  as  provided  by 
section  three  of  this  Act;  and  no  carrier  shall  knowingly  receive 
the  same  for  the  purpose  of  forwarding  or  transporting,  unless 
it  shall  be  manufactured,  marked,  and  labeled  as  hereinbefore 
provided,  consigned,  and  by  the  carrier  receipted  for  by  its  true 
name;  provided,  that  this  Act  shall  not  apply  to  any  goods  in 
transit  between  foreign  States  and  across  the  State  of  California. 

Sec  5.  No  person,  or  his  agent,  shall  knowingly  have  in 
his  possession  or  under  his  control  any  substance  designed  to 
be  used  as  a  substitute  for  butter  and  cheese,  unless  the  tub, 
firkin,  box,  or  other  package  containing  the  same  shall  be 
clearly  and  durably  marked  and  contain  a  copy  of  the  state- 
ment and  be  labeled  as  provided  by  section  three  of  this  Act; 
and  if  the  tub,  firkin,  box,  or  other  package  be  opened,  then  a 
copy  of  the  statement  described  in  section  three  of  this  Act 
shall  be  kept,  with  its  face  up,  upon  the  exposed  contents  of 
said  tub,  firkin,  box,  or  other  package;  provided,  that  this  sec- 
tion shall  not  be  deemed  to  apply  to  persons  who  have  the 


—  39  — 

same  in  their  possession  for  the  actual  consumption  of  them- 
selves or  family. 

Sec.  6.  No  person,  by  himself  or  another,  shall  sell,  or  otter 
for  sale,  or  take  orders  for  the  future  delivery  of  any  substance 
designed  to  be  used  as  a  substitute  for  butter  or  cheese  under 
the  name  of  or  under  the  pretense  that  the  same  is  butter  or 
cheese;  and  no  person,  by  himself  or  another,  shall  sell  any  sub- 
stance designed  to  be  used  as  a  substitute  for  butter  or  cheese 
unless  he  shall  inform  the  purchaser  distinctly,  at  the  time  of 
the  sale,  that  the  same  is  a  substitute  for  butter  or  cheese,  as 
the  case  may  be,  and  shall  deliver  to  the  purchaser,  at  the  time 
of  the  sale,  a  copy  of  the  statement  described  in  section  three 
of  this  Act;  and  no  person  shall  use  in  any  way  in  connection 
or  association  with  the  sale,  or  exposure  for  sale,  or  advertise- 
ment of  any  substance  designed  to  be  used  as  a  substitute  for 
butter  or  cheese,  the  words  "butterine,"  "creamery,"  or  "dairy," 
or  the  representation  of  any  breed  of  dairy  cattle,  or  any  com- 
bination of  such  words  and  representation,  or  any  other  words 
or  symbols,  or  combinations  thereof,  commonly  used  by  the 
dairy  industry  in  the  sale  of  butter  or  cheese. 

Sec.  7.  No  keeper  or  proprietor  of  any  bakery,  hotel,  board- 
ing-house, restaurant,  saloon,  lunch  counter,  or  other  place  of 
public  entertainment,  or  any  person  having  charge  thereof,  or 
employed  thereat,  or  any  person  furnishing  board  for  others 
than  members  of  his  own  family,  or  for  any  employes  where 
such  board  is  furnished  as  the  compensation,  or  as  a  part  of 
the  compensation,  of  any  such  employe,  shall  place  before  any 
patron  or  employe,  for  use  as  food,  any  substance  designed  to 
be  used  as  a  substitute  for  butter  or  cheese,  unless  the  same  be 
accompanied  by  a  copy  of  the  statement  described  in  section 
three  of  this  Act,  and  by  a  verbal  notification  to  said  patron 
that  such  substance  is  a  substitute  for  butter  or  cheese. 

Sec  8.  No  action  can  be  maintained  on  account  of  any  sale 
or  other  contract  made  in  violation  of,  or  with  intent  to  violate, 
this  Act  by  or  through  any  person  who  was  knowingly  a  party 
to  such  wrongful  sale  or  other  contract. 

Sec.  9.  Every  person  having  possession  or  control  of  any 
substance  designed  to  be  used  as  a  substitute  for  butter  or 
cheese,  which  is  not  marked  as  required  by  the  provisions  of 
this  Act,  shall  be  presumed  to  have  known,  during  the  time  of 
such  possession  or  control,  that  the  same  was  imitation  butter 
or  imitation  cheese,  as  the  case  may  be. 

Sec  10.  No  person  shall  efface,  erase,  cancel,  or  remove  any 
mark,  statement,  or  label  provided  for  by  this  Act,  with  intent 
to  mislead,  deceive,  or  to  violate  any  of  the  provisions  of  this 
Act. 

Sec  11.  No  butter  or  cheese  not  made  wholly  from  pure 
milk  or  cream,  salt,  and  harmless  coloring  matter,  shall  be  used 
in  any  of  the  charitable  or  penal  institutions  that  receive  assist- 
ance from  the  State. 

Sec  12.  Whoever  shall  violate  any  of  the  provisions  or  sec- 
tions of  this  Act  shall  be  deemed  guilty  of  a  misdemeanor,  and 
shall,  upon  conviction  thereof,  be  punished,  for  the  first  offense, 


—  40  — 

by  a  fine  of  not  less  than  fifty  dollars  nor  more  than  one  hun- 
dred and  fifty  dollars,  or  by  imprisonment  in  the  county  jail 
for  not  exceeding  thirty  days;  and  for  each  subsequent  offense, 
by  a  fine  of  not  less  than  one  hundred  and  fifty  dollars  nor 
more  than  three  hundred  dollars,  or  by  imprisonment  in  the 
county  jail  not  less  than  thirty  days  nor  more  than  six  months, 
or  by  both  such  fine  and  imprisonment,  in  the  discretion  of  the 
Court.  One  half  of  all  the  fines  collected  under  the  provisions 
of  this  Act  shall  be  paid  to  the  person  or  persons  furnishing 
information  upon  which  conviction  is  procured. 

Sec.  13.  Whoever  shall  have  possession  or  control  of  any 
imitation  butter  or  imitation  cheese,  or  any  substance  designed 
to  be  used  as  a  substitute  for  butter  or  cheese,  contrary  to  the 
provisions  of  this  Act,  shall  be  construed  to  have  possession  of 
property  with  intent  to  use  it  as  a  means  of  committing  a  public 
offense,  within  the  meaning  of  chapter  three  of  title  twelve  of 
part  two  of  an  Act  to  establish  a  Penal  Code;  provided,  that  it 
shall  be  the  duty  of  the  officer  who  serves  a  search  warrant 
issued  for  imitation  butter  or  imitation  cheese,  or  any  substance 
designed  to  be  used  as  a  substitute  for  butter  or  cheese,  to  deliver 
to  the  agent  of  the  Dairy  Bureau,  or  to  any  person  by  such 
Dairy  Bureau  authorized  in  writing  to  receive  the  same,  a  perfect 
sample  of  each  article  seized  by  virtue  of  such  warrant,  for  the 
purpose  of  having  the  same  analyzed,  and  forthwith  to  return 
to  the  person  from  whom  it  was  taken  the  remainder  of  each 
article  seized  as  aforesaid.  If  any  sample  be  found  to  be  imita- 
tion butter  or  imitation  cheese,  or  substance  designed  to  be  used 
as  a  substitute  for  butter  or  cheese,  it  shall  be  returned  to  and 
retained  by  the  magistrate  as  and  for  the  purpose  contemplated 
by  section  fifteen  hundred  and  thirty-six  of  an  Act  to  establish 
a  Penal  Code;  but  if  any  sample  be  found  not  to  be  imitation 
butter  or  imitation  cheese,  or  a  substance  designed  to  be  used  as 
a  substitute  for  butter  or  cheese,  it  shall  be  returned  forthwith 
to  the  person  from  whom  it  was  taken. 

Sec.  14.  It  shall  be  the  duty  of  the  District  Attorney,  upon 
the  application  of  the  agent  of  the  Dairy  Bureau,  to  attend  to 
the  prosecution,  in  the  name  of  the  State,  of  any  suit  brought 
for  the  violation  of  any  of  the  provisions  of  this  Act  within  his 
district. 

Sec  15.  The  Governor  shall,  immediately  upon  the  enact- 
ment of  this  Act,  appoint  three  resident  citizens  of  the  State, 
who  shall  have  practical  experience  in  the  manufacture  of 
dairy  products,  to  constitute  a  State  Dairy  Bureau,  and  who 
shall  serve  until  the  first  day  of  July,  eighteen  hundred  and 
ninety-seven;  and  on  the  said  first  day  of  July,  eighteen  hun- 
dred and" ninety-seven,  the  State  Dairy  Bureau  shall  cease  to 
exist,  and  all  provisions  in  this  Act  relating  to  said  State  Dairy 
Bureau  shall  be  null  and  void;  all  other  provisions  in  this  Act, 
however,  shall  remain  in  full  force  and  effect.  The  members 
of  said  Bureau  shall  serve  without  compensation,  and  within 
twenty  days  after  their  appointment  shall  take  the  oath  of 
office  as  required  by  the  Constitution,  and  they  shall  thereupon 
meet   and   organize  by  electing  a  Chairman    and  Treasurer. 


—  41  — 

Any  one  of  them  may  be  removed  from  office  by  the  Governor, 
for  neglect  or  violation  of  duty.  The  Governor  shall  fill  any 
vacancy  by  appointment.  They  shall  make  a  report  in  detail 
to  the  Legislature,  not  later  than  the  first  day  of  December, 
eighteen  hundred  and  ninety-six. 

Sec.  16.  It  shall  be  the  duty  of  the  State  Dairy  Bureau  to 
secure,  as  far  as  possible,  the  enforcement  of  this  Act.  The 
State  Dairy  Bureau  shall  have  power  to  employ  an  agent  at  a 
salary  of  twelve  hundred  dollars  a  year,  and  such  assistants, 
or  chemists,  as  from  time  to  time  may  be  necessary  therefor. 

Sec.  17.  There  is  hereby  appropriated  for  the  use  of  this 
State  Dairy  Bureau,  out  of  any  money  in  the  State  Treasury 
not  otherwise  appropriated,  the  sum  of  twelve  thousand  dol- 
lars ($12,000),  of  which  not  more  than  two  thousand  dollars 
($2,000)  shall  be  expended  during  the  unexpired  portion  of 
the  forty-sixth  fiscal  year,  and  not  more  than  five  thousand 
dollars  ($5,000)  shall  be  expended  during  the  forty-seventh 
fiscal  year,  and  not  more  than  five  thousand  dollars  ($5,000) 
shall  be  expended  during  the  forty-eighth  fiscal  year.  All  sala- 
ries, fees,  costs,  and  expenses  of  every  kind  incurred  in  the 
carrying  out  of  the  law  shall  be  drawn  from  the  sum  so  appro- 
priated; and  the  State  Controller  shall  draw  his  warrant  on 
the  State  Treasurer  in  favor  of  the  person  entitled  to  the  same. 

Sec.  18.  All  Acts  and  parts  of  Acts  inconsistent  with  this 
Act  are  hereby  repealed. 

Sec  19.     This  Act  shall  take  effect  immediately. 


CHAPTER  XXXIX. 

An  Act  to  authorize  the  State  Board  of  Health  to  purchase  and 
manufacture  diphtheria  anti-toxine,  and  to  appropriate  six 
thousand  dollars  therefor. 

[Approved  March  12, 1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  The  State  Board  of  Health  is  hereby  authorized 
to  procure,  manufacture,  and  distribute,  through  some  depart- 
ment of  the  State  University,  the  medicinal  substance  known 
as  diphtheria  anti-toxine. 

Sec.  2.  The  sum  of  six  thousand  dollars  is  hereby  appro- 
priated out  of  the  General  Fund,  to  be  expended  under  the 
direction  of  the  State  Board  of  Health,  for  the  procurement, 
preparation,  and  distribution  of  diphtheria  anti-toxine  under 
the  supervision  of  said  State  Board  of  Health. 

Sec  3.     This  Act  to  take  effect  immediately. 


42  — 


CHAPTER  XL. 

An  Act  to  amend  section  six  hundred  and  seventy  of  an  Act 
entitled  "An  Act  to  establish  a  Code  of  Civil  Procedure"  ap- 
proved March  11,  1872,  in  relation  to  what  papers  constitute  a 
judgment  roll. 

[Approved  March  12,  1895.] 

The  People  of  the  State  of  California^  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Section  six  hundred  and  seventy  of  an  Act 
entitled  "An  Act  to  establish  a  Code  of  Civil  Procedure,"  ap- 
proved March  eleventh,  eighteen  hundred  and  seventy-two,  is 
hereby  amended  to  read  as  follows: 

670.  Immediately  after  entering  the  judgment,  the  Clerk 
must  attach  together  and  file  the  following  papers,  which  con- 
stitute the  judgment  roll: 

1.  In  case  the  complaint  be  not  answered  by  any  defendant, 
the  summons,  with  the  affidavit  or  proof  of  service;  the  com- 
plaint with  a  memorandum  indorsed  thereon  that  the  default 
of  the  defendant  in  not  answering  was  entered,  and  a  copy  of 
the  judgment;  and  in  case  where  the  service  so  made  be  by 
publication,  the  affidavit  for  publication  of  summons,  and  the 
order  directing  the  publication  of  summons,  must  also  be 
included. 

2.  In  all  other  cases,  the  pleadings,  a  copy  of  the  verdict  of 
the  jury  or  finding  of  the  Court  or  referee,  all  bills  of  exceptions 
taken  and  filed,  and  a  copy  of  any  order  made  on  demurrer,  or 
relating  to  the  change  of  parties,  and  a  copy  of  the  judgment; 
if  there  are  two  or  more  defendants  in  the  action,  and  any  one 
of  them  has  allowed  judgment  to  pass  against  him  by  default, 
the  summons,  with  proof  of  its  service  on  such  defendant, 
must  also  be  added  to  the  other  papers  mentioned  in  this  sub- 
division; and  if  the  service  on  such  defaulting  defendant  be  by 
publication,  then  the  affidavit  for  publication,  and  the  order 
directing  the  publication  of  the  summons  in  such  cases  must 
also  be  included. 


CHAPTER  XLI. 

An  Act  to  amend  an  Act  entitled  "An  Act  to  establish  law  libra- 
ries" approved  March  1,  1891,  and  to  add  a  new  section 
thereto,  for  the  purpose  of  disestablishing  such  law  libraries, 
such  new  section  to  be  numbered  fourteen  and  one  half. 

[Approved  March  12,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.     An  Act  entitled  "An  Act  to  establish  law  libra- 
ries," approved  March  first,  eighteen  hundred  and  ninety-one,  is 


—  43  — 

hereby  amended  by  adding  a  new  section  thereto,  to  be  known 
as  section  fourteen  and  one  half,  and  to  read  as  follows: 

Section  14-J.  Whenever  the  Board  of  Supervisors  in  any 
county  in  this  State  which  shall  have  adopted  the  provisions 
of  this  Act  and  have  established  a  law  library,  desire  to  dis- 
continue such  law  library,  they  shall  by  ordinance  so  declare 
their  intention  so  to  do,  and  shall  provide  in  such  ordinance 
that  the  books  already  in  the  library  shall  be  transferred  to 
and  kept  in  the  chambers  of  the  Judges  of  the  Superior  Court 
of  such  county;  and  all  moneys  on  hand  in  the  Library  Fund 
of  such  county  shall  be  by  the  same  ordinance  transferred  to 
the  School  Fund  of  such  county,  and  the  office  of  the  Board  of 
Trustees  of  such  law  library  shall  be  abolished.  After  such  an 
ordinance  shall  take  effect,  the  County  Clerk  of  such  county 
shall  not  collect  the  fees  provided  for  in  section  one  of  said  Act. 


CHAPTER  XLII. 

An  Act  to  amend  section  three  thousand  four  hundred  and  forty 
of  the  Civil  Code  of  the  State  of  California,  relative  to  the 
transfer  of  personal  property. 

[Approved  March  12,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  three  thousand  four  hundred  and  forty  of  the  Civil 
Code  of  the  State  of  California  is  hereby  amended  to  read  as 
follows: 

3440.  Every  transfer  of  personal  property,  other  than  a 
thing  in  action,  or  a  ship  or  cargo  at  sea  or  in  a  foreign  port, 
and  every  lien  thereon,  other  than  a  mortgage,  when  allowed  by 
law,  and  a  contract  of  bottomry  or  respondentia,  is  conclusively 
presumed,  if  made  by  a  person  having  at  the  time  the  possession 
or  control  of  the  property,  and  not  accompanied  by  an  imme- 
diate delivery,  and  followed  by  an  actual  and  continued  change 
of  possession  of  the  things  transferred,  to  be  fraudulent,  and 
therefore  void,  against  those  who  are  his  creditors  while  he 
remains  in  possession,  and  the  successors  in  interest  of  such 
creditors,  and  against  any  persons  on  whom  his  estate  devolves 
in  trust  for  the  benefit  of  others  than  himself,  and  against  pur- 
chasers or  incumbrancers  in  good  faith  subsequent  to  the 
transfer;  provided,  however,  that  the  provisions  of  this  section 
shall  not  apply  to  the  transfers  of  wines  in  the  wineries  or  wine 
cellars  of  the  makers  or  owners  thereof,  or  other  persons  having 
possession,  care,  and  control  of  the  same,  and  the  pipes,  casks, 
and  tanks  in  which  the  said  wines  are  contained,  which  trans- 
fers shall  be  made  in  writing,  and  certified  and  acknowledged 
and  verified  in  the  same  form  as  provided  for  chattel  mortgages, 
and  which  shall  be  recorded  in  the  book  of  miscellaneous 
records  in  the  office  of  the  County  Recorder  of  the  county  in 
which  the  same  are  situated. 


—  44 


CHAPTER  XLVII. 

An  Act  to  amend  sections  eighteen  hundred  and  fifty-nine  and 
eighteen  hundred  and  sixty  of  the  Civil  Code,  prescribing  and 
limiting  the  liability  of  innkeepers,  hotel-keepers,  boarding  and 
lodging-house  keepers,  for  personal  property  of  their  guests, 
boarders,  and  lodgers,  intrusted  to  their  care. 

[Approved  March  12,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Section  eighteen  hundred  and  fifty-nine  of  the 
Civil  Code  is  hereby  amended  so  as  to  read  as  follows: 

1859.  The  liability  of  an  innkeeper,  hotel-keeper,  boarding 
and  lodging-house  keeper,  for  losses  of  or  injuries  to  personal 
property,  other  than  money,  placed  by  his  guests,  boarders,  or 
lodgers  under  his  care,  is  that  of  a  depositary  for  hire;  provided, 
however,  that  in  no  case  shall  such  liability  exceed  the  sum  of 
one  hundred  dollars  for  each  trunk  and  its  contents,  fifty 
dollars  for  each  valise  or  traveling  bag  and  contents,  and  ten 
dollars  for  each  box,  bundle,  or  package  and  contents,  so  placed 
under  his  care,  unless  he  shall  have  consented  in  writing  with 
the  owner  thereof  to  assume  a  greater  liability. 

Sec.  2.  Section  eighteen  hundred  and  sixty  of  the  Civil 
Code  is  hereby  amended  so  as  to  read  as  follows: 

1860.  If  an  innkeeper,  hotel-keeper,  boarding-house  or 
lodging-house  keeper,  keeps  a  fire-proof  safe,  and  gives  notice  to 
a  guest,  boarder,  or  lodger,  either  personally  or  by  putting  up 
a  printed  notice  in  a  prominent  place  in  the  office  or  the  room 
occupied  by  the  guest,  boarder,  or  lodger,  that  he  keeps  such 
a  safe  and  will  not  be  liable  for  money,  jewelry,  documents, 
or  other  articles  of  unusual  value  and  small  compass,  unless 
placed  therein,  he  is  not  liable,  except  so  far  as  his  own  acts 
shall  contribute  thereto,  for  any  loss  of  or  injury  to  such 
articles,  if  not  deposited  with  him  to  be  placed  therein,  nor  in 
any  case  more  than  the  sum  of  two  hundred  and  fifty  dollars 
for  any  or  all  such  property  of  any  individual  guest,  boarder, 
or  lodger,  unless  he  shall  have  given  a  receipt  in  writing 
therefor  to  such  guest,  boarder,  or  lodger. 

Sec  3.  This  Act  shall  take  effect  from  and  after  its 
approval. 


—  45 


CHAPTER  XL VIII. 


An  Act  to  amend  section  twelve  hundred  and  fourteen  of  an  Act 
entitled  "An  Act  to  establish  a  Civil  Code,"  approved  March 
21,  1872,  relating  to  the  recording  of  conveyances. 

[Approved  March  12,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Section  twelve  hundred  and  fourteen  of  an  Act 
entitled  "An  Act  to  establish  a  Civil  Code,"  approved  March 
twenty-first,  eighteen  hundred  and  seventy-two,  is  hereby 
amended  to  read  as  follows: 

1214.  Every  conveyance  of  real  property,  other  than  a 
lease  for  a  term  not  exceeding  one  year,  is  void  as  against  any 
subsequent  purchaser  or  mortgagee  of  the  same  property,  or 
any  part  thereof,  in  good  faith  and  for  a  valuable  considera- 
tion, whose  conveyance  is  first  duly  recorded,  and  as  against 
any  judgment  affecting  the  title,  unless  such  conveyance  shall 
have  been  duly  recorded  prior  to  the  record  of  notice  of  action. 


CHAPTER  XLIX. 

An  Act  to  amend  section  five  hundred  and  twenty-seven  of  an 
Act  entitled  "An  Act  to  establish  a  Code  of  Civil  Procedure," 
approved  March  11,  1872. 

[Approved  March  12,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Section  five  hundred  and  twenty-seven  (527)  of 
an  Act  entitled  "An  Act  to  establish  a  Code  of  Civil  Pro- 
cedure," approved  March  eleventh,  eighteen  hundred  and 
seventy-two,  is  hereby  amended  so  as  to  read  as  follows: 

527.  The  injunction  may  be  granted  at  the  time  of  issuing 
the  summons,  upon  the  complaint,  and  at  any  time  afterward, 
before  judgment,  upon  affidavits.  The  complaint  in  the  one 
case,  and  the  affidavits  in  the  other,  must  show  satisfactorily 
that  sufficient  grounds  exist  therefor.  No  injunction  can  be 
granted  on  the  complaint  unless  it  is  verified.  When  granted 
on  the  complaint,  a  copy  of  the  complaint  and  verification 
attached  must  be  served  with  the  injunction;  when  granted 
upon  affidavit,  a  copy  of  the  affidavit  must  be  served  with  the 
injunction.  No  injunction  granted  prior  to  the  actual  trial 
of  the  cause  wherein  it  is  granted  shall  continue  in  force 
for  a  longer  period  than  twelve  months  from  the  time  such 
injunction  was  granted,  except  by  consent  of  the  parties,  or 
unless  the  cause  be  set  for  trial  upon  its  merits. 

Sec  2.     This  Act  shall  take  effect  immediately. 


—  46 


CHAPTER  LI. 

An  Act  providing  in  counties  of  the  first  class  for  the  appoint- 
ment by  the  Coroner  of  a  competent  physician  for  the  perform- 
ance of  autopsies  upon  the  bodies  of  deceased  persons  when 
inquests  are  held,  and  fixing  the  compensation  therefor. 

[Approved  March  14,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  In  counties  of  the  first  class,  the  Coroner  shall 
appoint  a  competent  physician,  whose  duties  it  shall  be  to 
perform  autopsies  upon  the  bodies  of  all  deceased  persons  when 
inquests  are  held.  Such  physician  shall,  after  the  perform- 
ance of  such  autopsy,  certify  in  writing  his  professional  opinion 
as  to  the  cause  of  death,  which  certificate  shall  be  filed  with 
said  Coroner. 

Sec  2.  The  physician  so  appointed  shall  receive  as  com- 
pensation for  his  said  services  the  sum  of  twenty-four  hun- 
dred dollars  per  annum,  which  shall  be  paid  out  of  the  general 
fund  of  the  county  in  monthly  installments  of  two  hundred 
dollars,  at  the  same  time  and  in  the  same  manner  as  county 
officers  are  paid. 

Sec.  3.  This  Act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 


CHAPTER  LII. 

An  Act  to  amend  section  four  thousand  two  hundred  and  thirty- 
five  of  an  Act  entitled  "An  Act  to  establish  a  Political  Code," 
approved  March  12,  1872,  relating  to  the  lien  of  judgments 
of  Federal  Courts. 

[Approved  March  14,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Section  four  thousand  two  hundred  and  thirty- 
five  of  an  Act  entitled  "An  Act  to  establish  a  Political  Code5', 
is  hereby  amended  so  as  to  read  as  follows,  to  wit: 

4235.  He  must,  upon  the  payment  of  his  fees  for  the 
same,  record  separately,  in  large  and  well-bound  separate  books, 
in  a  fair  hand: 

1.  Deeds,  grants,  transfers,  and  mortgages  of  real  estate, 
releases  of  mortgages,  powers  of  attorney  to  convey  real  estate, 
and  leases  which  have  been  acknowledged  or  proved; 

2.  Mortgages  of  personal  property; 

3.  Certificates  of  marriage  and  marriage  contracts; 

4.  Wills  admitted  to  probate; 

5.  Official  bonds; 

6.  Notices  of  mechanics' liens: 


—  47  — 

7.  Transcripts  of  judgments  which,  by  law  of  this  State,  or  of 
the  United  States,  are  made  liens  upon  real  estate  in  this  State; 

8.  Notices  of  attachments  upon  real  estate; 

9.  Notices  of  the  pendency  of  an  action  affecting  real  estate, 
the  title  thereto,  or  possession  thereof; 

10.  Instruments  describing  or  relating  to  the  separate  prop- 
erty of  married  women; 

11.  Notices  of  preemption  claims; 

12.  Births  and  deaths;  and, 

13.  Such  other  writings  as  are  required  or  permitted  by  law 
to  be  recorded. 

Sec.  2.     This  Act  shall  take  effect  immediately. 


CHAPTER  LIII. 

An  Act  to  amend  section  one  thousand  and  ninety-three  of  an 
Act  entitled  "An  Act  to  establish  a  Civil  Code,"  approved  March 
21,  1872,  relating  to  the  making,  execution,  and  acknowledgment 
of  conveyances  of  real  property  by  married  women. 

[Approved  March  14, 1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Section  one  thousand  and  ninety-three  of  the 
Civil  Code  of  the  State  of  California  is  hereby  amended  so  as 
to  read  as  follows: 

1093.  A  grant  or  conveyance  of  real  property  made  by  a 
married  woman  may  be  made,  executed,  and  acknowledged  in 
the  same  manner  and  has  the  same  effect  as  if  she  were 
unmarried. 

Sec.  2.  This  Act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 


CHAPTER  LVIII. 

An  Act  entitled  an  Act  to  amend  section  two  hundred  and  seventy- 
six  of  the  Code  of  Civil  Procedure,  relating  to  the  examination 
of  applicants  for  admission  to  practice  law. 

[Approved  March  16,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Section  two  hundred  and  seventy-six  of  the 
Code  of  Civil  Procedure  is  hereby  amended  so  as  to  read  as 
follows: 

276.  Every  applicant  for  admission  as  an  attorney  and 
counselor  must  produce  satisfactory  testimonials  of  a  good 
moral  character,  and  undergo  a  strict  examination  in  open 
Court  as  to  his  qualifications,  by  the  Justices  of  the  Supreme 


—  48  — 

Court,  or  by  the  Justices  sitting  and  holding  one  of  the  depart- 
ments thereof,  or  by  not  less  than  three  of  the  Supreme  Court 
Commissioners,  to  be  designated  and  appointed  by  the  Chief 
Justice  of  the  Supreme  Court  to  conduct  publicly  the  examina- 
tion; such  Commissioners  to  report  the  results  of  the  exami- 
nation to  the  Supreme  Court  for  final  action. 
Sec.  2.     This  Act  shall  take  effect  immediately. 


CHAPTER  LX. 

An  Act  entitled  an  Act  to  amend  section  two  thousand  nine 
hundred  and  fifty-five  of  the  Civil  Code,  relative  to  mortgages 
on  personal  property. 

[Approved  March  16,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Section  two  thousand  nine  hundred  and  fifty- 
five  of  the  Civil  Code  is  hereby  amended  so  as  to  read  as 
follows: 

2955.  Mortgages  may  be  made  upon  the  following  per- 
sonal property,  and  none  other: 

First — Locomotives,  engines,  and  other  rolling  stock  of  a 
railroad. 

Second — Steamboat  machinery,  the  machinery  used  by 
machinists,  foundrymen,  and  mechanics. 

Third — Steam  engines  and  boilers. 

Fourth — Mining  machinery. 

Fifth — Printing  presses  and  material. 

Sixth — Professional  libraries. 

Seventh — Instruments  of  surveyors,  physicians,  or  dentists. 

Eighth — Upholstery,  furniture,  and  household  goods. 

Ninth — Oil  paintings,  pictures,  and  works  of  art. 

Tenth — All  growing  crops,  including  grapes  and  fruit. 

Eleventh — Vessels  of  more  than  five  tons  burden. 

Twelfth — Instruments,  negatives,  furniture,  and  fixtures  of  a 
photograph  gallery. 

Thirteenth — The  machinery,  casks,  pipes,  tubes,  and  utensils 
used  in  the  manufacture  or  storage  of  wine,  fruit  brandy,  fruit 
syrups,  or  sugar;  also  wines,  fruit  brandy,  fruit  syrup,  or 
sugar,  with  the  cooperage  in  which  the  same  are  contained. 

Fourteenth — Pianos  and  organs. 

Fifteenth — Iron  and  steel  safes. 

Sixteenth — Neat  cattle,  horses,  mules,  swine,  and  sheep,  and 
the  increase  thereof. 

Seventeenth — Harvesters,  threshing  outfits,  hay  presses,  and 
farming  implements. 

Eighteenth — Abstract  systems,  books,  maps,  papers,  and  slips 
of  searchers  of  records. 

Sec  2.  This  Act  shall  take  effect  and  be  in  force  immedi- 
ately upon  its  passage. 


—  49 


CHAPTER  LXIIL 

An  Act  to  amend  section  nine  hundred  and  fifty-four  of  the  Code 
of  Civil  Procedure,  relating  to  dismissal  of  appeals. 

[Approved  March  16, 1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Section  nine  hundred  and  fifty-four  of  the  Code 
of  Civil  Procedure  is  amended  so  as  to  read  as  follows: 

954.  If  the  appellant  fails  to  furnish  the  requisite  papers, 
the  appeal  may  be  dismissed;  but  no  appeal  can  be  dismissed 
for  insufficiency  of  the  undertaking  thereon,  if  a  good  and 
sufficient  undertaking,  approved  by  a  Justice  of  the  Supreme 
Court,  be  filed  in  the  Supreme  Court  before  the  hearing  upon 
motion  to  dismiss  the  appeal.  When  it  is  made  to  appear  to 
the  satisfaction  of  the  Court,  or  a  Judge  thereof,  from  which  the 
appeal  was  taken,  that  a  surety  or  sureties  upon  an  appeal 
bond  from  any  cause  has  or  have  become  insufficient,  and 
the  bond  or  undertaking  inadequate  as  security  for  the  pay- 
ment of  the  judgment  appealed  from,  the  last  named  Court,  or 
a  Judge  thereof,  may  order  the  giving  of  a  new  bond,  with 
sufficient  sureties,  as  a  condition  to  the  maintenance  of  the 
appeal.  The  said  bond  or  undertaking  shall  be  approved  by 
the  last  named  Court,  or  a  Judge  thereof;  and  in  case  said 
sureties  fail  to  justify  before  said  last  named  Court,  or  a  Judge 
thereof,  or  fail  to  comply  with  the  order  to  appear  and  justify, 
execution  may  issue  upon  the  judgment  as  if  no  undertaking 
to  stay  execution  had  been  given. 


CHAPTER  LXV. 

An  Act  to  amend  section  one  thousand  five  hundred  and  forty- 
three   of  "An  Act   to   establish  a  Political    Code"   approved 

March  1%,  1872. 

[Approved  March  16, 1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Section  one  thousand  five  hundred  and  forty- 
three  (1543)  of  an  Act  entitled  "An  Act  to  establish  a  Political 
Code,"  approved  March  twelfth,  eighteen  hundred  and  seventy- 
two,  is  hereby  amended  to  read  as  follows: 

1543.  It  is  the  duty  of  the  County  Superintendent  of 
each  county: 

First — To  superintend  the  schools  of  his  county. 

Second — 1.  To  apportion  the  school  moneys  to  each  school 

district,  as  provided  in  section  one  thousand  eight  hundred  and 

fifty-eight  of  this  Code,  at  least  four  times  a  year.     For  this 

purpose  he  may  require  of  the  County  Auditor  a  report  of  the 

4 


—  50  — 

amount  of  all  school  moneys  on  hand  to  the  credit  of  the  several 
school  funds  of  the  county  not  already  apportioned;  and  it  is 
hereby  made  the  duty  of  the  Auditor  to  furnish  such  report 
when  so  required;  and  whenever  an  excess  of  money  has 
accumulated  to  the  credit  of  a  school  district  by  reason  of  a 
large  census  roll  and  a  small  attendance,  beyond  a  reasonable 
amount  necessary  to  maintain  a  school  for  eight  months  in 
such  district  for  the  year,  the  Superintendent  of  Schools  shall 
place  said  excess  of  money  to  the  credit  of  the  unapportioned 
school  funds  of  the  county,  and  shall  apportion  the  same  as 
other  school  funds  are  apportioned. 

2.  If  in  any  school  district  there  has  been  an  average  daily 
attendance  of  only  five,  or  a  number  of  pupils  less  than  five, 
during  the  whole  school  year,  the  Superintendent  shall  at  once 
suspend  the  district,  and  report  the  fact  to  the  Board  of  Super- 
visors at  their  next  meeting.  The  Board  of  Supervisors,  upon 
receiving  such  report  from  the  Superintendent,  shall  declare 
the  district  lapsed,  and  shall  attach  the  territory  thereof  to  one 
or  more  of  the  adjoining  school  districts  in  such  manner  as 
may  be  by  them  deemed  most  convenient  for  the  residents  of 
said  lapsed  district. 

3.  When  any  district  has  been  declared  lapsed,  the  Board  of 
Supervisors  shall  sell  or  otherwise  dispose  of  the  property 
thereto  belonging,  and  shall  place  the  proceeds  of  such  sale  to 
the  credit  of  the  district.  Thereupon  the  Superintendent  shall 
determine  all  outstanding  indebtedness  of  said  lapsed  district, 
and  shall  draw  his  requisition  upon  the  County  Auditor  in 
payment  thereof.  Any  balance  of  moneys  remaining  to  the 
credit  of  said  lapsed  district  shall  be  transferred  by  the  Super- 
intendent to  the  unapportioned  school  funds  of  the  county,  and 
shall  be  apportioned  as  other  school  funds  are  apportioned. 
Should  there  not  be  sufficient  funds  to  the  credit  of  the  lapsed 
district  to  liquidate  all  of  the  outstanding  indebtedness  thereof, 
the  Superintendent  shall  draw  his  requisition  upon  the  County 
Auditor  pro  rata  for  the  several  claims. 

Third — On  the  order  of  the  Board  of  School  Trustees,  or  Board 
of  Education  of  any  city  or  town  having  a  Board  of  Education, 
to  draw  his  requisition  upon  the  County  Auditor  for  all  neces- 
sary expenses  against  the  School  Fund  of  any  district.  The 
requisitions  must  be  drawn  in  the  order  in  which  the  orders 
therefor  are  filed  in  his  office.  Each  requisition  must  specify 
the  purpose  for  which  it  is  drawn;  but  no  requisition  shall  be 
drawn  unless  the  money  is  in  the  fund  to  pay  it;  and  no  requi- 
sition shall  be  drawn  upon  the  order  of  the  Board  of  School 
Trustees  or  Board  of  Education  against  the  funds  of  any  district, 
except  the  teachers'  salaries,  unless  such  order  is  accompanied 
by  an  itemized  bill  showing  the  separate  items,  and  the  price 
of  each,  in  payment  for  which  the  order  is  drawn;  nor  shall 
any  requisition  for  teachers'  salaries  be  drawn  unless  the  order 
shall  state  the  monthly  salary  of  teacher,  and  name  the  months 
for  which  such  salary  is  due.  Upon  the  receipt  of  such  requi- 
sition the  Auditor  shall  draw  his  warrant  upon  the  County 


—  51  — 

Treasurer  in  favor  of  the  parties  for  the  amount  stated  in  such 
requisition. 

Fourth — To  keep,  open  to  the  inspection  of  the  public,  a 
register  of  requisitions,  showing  the  fund  upon  which  the  requi- 
sitions have  been  drawn,  the  number  thereof,  in  whose  favor, 
and  for  what  purpose  they  were  drawn,  and  also  a  receipt  from 
the  person  to  whom  the  requisition  was  delivered. 

Fifth — To  visit  and  examine  each  school  in  his  county  at 
least  once  in  each  year.  For  every  school  not  so  visited  the 
Board  of  Supervisors  must,  on  proof  thereof,  deduct  ten  dollars 
from  his  salary. 

Sixth — To  preside  over  Teachers'  Institutes  held  in  his  county, 
and  to  secure  the  attendance  thereat  of  lecturers  competent  to 
instruct  in  the  art  of  teaching,  and  to  report  to  the  County 
Board  of  Education  the  names  of  all  teachers  in  the  county 
who  fail  to  attend  regularly  the  sessions  of  the  Institute;  to 
enforce  the  course  of  study,  the  use  of  text-books,  and  the  rules 
and  regulations  for  the  examination  of  teachers  prescribed  by 
the  prop'er  authority. 

Seventh — He  shall  have  power  to  issue,  if  he  deem  it  proper 
to  do  so,  temporary  certificates,  valid  until  the  next  semi- 
annual meeting  of  the  County  Board  of  Education,  to  persons 
holding  certificates  of  like  grade  granted  in  other  counties, 
cities,  or  cities  and  counties,  or  upon  any  certificates  or  diplo- 
mas upon  which  County  Boards  are  empowered  to  grant  certifi- 
cates without  examination,  as  specified  in  section  seventeen 
hundred  and  seventy-five;  provided,  that  no  person  shall  be 
entitled  to  receive  such  temporary  certificate  more  than  once 
in  the  same  county. 

Eighth — To  distribute  all  laws,  reports,  circulars,  instructions, 
and  blanks  which  he  may  receive  for  the  use  of  school  officers. 

Ninth — To  keep  in  his  office  the  reports  of  the  Superintendent 
of  Public  Instruction. 

Tenth — To  keep  a  record  of  his  official  acts,  and  of  all  the 
proceedings  of  the  County  Board  of  Education,  including  a 
record  of  the  standing,  in  each  study,  of  all  applicants  exam- 
ined, which  shall  be  open  to  the  inspection  of  any  applicant 
or  his  authorized  agent. 

Eleventh — Except  in  incorporated  cities  having  Boards  of 
Education,  to  pass  upon  and  approve  or  reject  all  plans  for 
school  houses.  To  enable  him  to  do  so,  all  Boards  of  Trustees, 
before  adopting  any  plans  for  school  buildings,  must  submit 
the  same  to  the  County  Superintendent  for  his  approval. 

Twelfth — To  appoint  Trustees  to  fill  all  vacancies,  to  hold 
until  the  first  day  of  July  succeeding  such  appointment;  when 
new  districts  are  organized,  to  appoint  Trustees  for  the  same, 
who  shall  hold  office  until  the  first  day  of  July  next  succeeding 
their  appointment.  In  case  of  the  failure  of  the  Trustees  to 
employ  a  janitor,  as  provided  in  section  sixteen  hundred  and 
seventeen,  subdivision  seventh,  of  this  Code,  he  shall  appoint  a 
janitor,  who  shall  be  paid  out  of  the  School  Fund  of  the  dis- 
trict. Should  the  Board  of  School  Trustees  of  any  district  fail 
or  refuse  to  issue  an  order  for  the  compensation  for  such  service, 


—  52  — 

the  Superintendent  is  hereby  authorized  to  issue,  without  such 
order,  his  requisition  upon  the  County  School  Fund  apportioned 
to  such  district. 

Thirteenth — To  make  reports,  when  directed  by  the  Superin- 
tendent of  Public  Instruction,  showing  such  matters  relating 
to  the  public  schools  in  his  county  as  may  be  required  of  him. 

Fourteenth — To  preserve  carefully  all  reports  of  school  offi- 
cers and  teachers,  and,  at  the  close  of  his  official  term,  deliver 
to  his  successor  all  records,  books,  documents,  and  papers 
belonging  to  the  office,  taking  a  receipt  for  the  same,  which 
will  be  filed  in  the  office  of  the  County  Clerk. 

Fifteenth — The  County  Superintendent  shall,  unless  other- 
wise provided  by  law,  in  the  month  of  July  of  each  year,  grade 
each  school,  and  a  record  thereof  shall  be  made  in  a  book  to 
be  kept  by  the  County  Superintendent  in  his  office  for  this 
purpose.  And  no  teacher  holding  a  certificate  below  the  grade 
of  said  school  shall  be  employed  to  teach  the  same. 


CHAPTER  LXVL 

An  Act  to  amend  section  four  hundred  and  sixteen  of  an  Act 
entitled  "An  Act  to  establish  a  Political  Code"  approved  March 
12,  1872,  relative  to  the  fees  to  be  collected  by  the  Secretary  of 
State  for  services  rendered  by  him  in  his  official  capacity. 

[Approved  March  16,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Section  four  hundred  and  sixteen  of  an  Act  en- 
titled "An  Act  to  establish  a  Political  Code,"  approved  March 
twelfth,  eighteen  hundred  and  seventy-two,  is  hereby  amended 
to  read  as  follows: 

416.  The  Secretary  of  State,  for  services  performed  in  his 
office,  must  charge  and  collect  the  following  fees: 

1.  For  a  copy  of  any  law,  resolution,  record,  or  other  docu- 
ment or  paper  on  file  in  his  office,  twenty, cents  per  folio. 

2.  For  affixing  certificate  and  seal  of  State,  two  dollars. 

3.  For  filing  articles  of  incorporation,  five  dollars. 

4.  For  recording  articles  of  incorporation,  twenty  cents  per 
folio. 

5.  For  issuing  each  certificate  of  incorporation,  three  dollars. 

6.  For  receiving  and  recording  each  official  bond,  five  dollars. 

7.  For  each  commission,  passport,  or  other  document  signed  by 
the  Governor  and  attested  by  the  Secretary  of  State  (pardons, 
military  commissions,  and  extradition  papers  excepted),  five 
dollars. 

8.  For  each  patent  for  land  issued  by  the  Governor,  if  for 
one  hundred  sixty  acres  or  less,  one  dollar;  and  for  each  addi- 
tional one  hundred  sixty  acres  or  fraction  thereof,  one  dollar. 

9.  For  searching  records  and  archives  of  the  State,  one  dollar. 

10.  For  filing  trademark,  three  dollars. 


—  sa- 
il. For  filing  and  recording  notice  of  appointment  of  agent, 
five  dollars. 

12.  For  filing  and  recording  notice  of  removal  of  place  of 
business,  five  dollars. 

13.  For  filing  certificate  of  increase  or  decrease  of  capital 
stock,  five  dollars. 

14.  For  issuing  certificate  of  increase  or  decrease  of  capital 
stock,  three  dollars. 

15.  For  filing  certificate  of  continuance  of  existence,  five 
dollars. 

16.  For  issuing  certificate  of  continuance  of  existence,  three 
dollars. 

17.  For  certificate  of  appointment,  qualification,  and  term  of 
office  of  Notary  Public,  one  dollar. 

18.  For  recording  miscellaneous  documents  or  papers,  per 
folio,  twenty-five  cents. 

No  member  of  the  Legislature  or  State  officer  shall  be  charged 
for  any  search  relative  to  matters  appertaining  to  the  duties  of 
their  offices;  nor  shall  they  be  charged  any  fee  for  a  certified 
copy  of  any  law  or  resolution  passed  by  the  Legislature  relative 
to  their  official  duties.  All  fees  collected  by  the  Secretary  of 
State  must,  at  the  end  of  each  month,  be  paid  into  the  State 
Treasury,  and  shall  constitute  the  State  Library  Fund. 

Sec.  2.  This  Act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 


CHAPTER  LXVII. 

An  Act  to  amend  section  sixteen  hundred  and  ninety-nine  of  the 

Code  of  Civil  Procedure,  relating  to  settlement  of  accounts  of 

trustees  after  distribution  of  estates,  and  to  compensation  of 

trustees. 

[Approved  March  16, 1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Section  sixteen  hundred  and  ninety-nine  of  the 
Code  of  Civil  Procedure  is  hereby  amended  so  as  to  read  as 
follows : 

1699.  Where  any  trust  has  been  created  by  or  under  any 
will  to  continue  after  distribution,  the  Superior  Court  shall  not 
lose  jurisdiction  of  the  estate  by  final  distribution,  but  shall 
retain  jurisdiction  thereof  for  the  purpose  of  the  settlement  of 
accounts  under  the  trust.  And  any  trustee  created  by  any 
will,  or  appointed  to  execute  any  trust  created  by  any  will, 
may,  from  time  to  time,  pending  the  execution  of  his  trust,  or 
may  at  the  termination  thereof,  render  and  pray  for  the  settle- 
ment of  his  accounts  as  such  trustee,  before  the  Superior  Court 
in  which  the  will  was  probated,  and  in  the  manner  provided 
for  the  settlement  of  the  accounts  of  executors  and  adminis- 
trators. The  trustee,  or  in  case  of  his  death,  his  legal  repre- 
sentatives, shall  for  that   purpose  present  to  the   Court  his 


—  54  — 

verified  petition,  setting  forth  his  accounts  in  detail,  together 
with  a  verified  statement  of  said  trustee,  giving  the  names  and 
post  office  addresses,  if  known,  of  the  cestuis  que  trust,  and  upon 
the  filing  thereof,  the  Court  or  Judge  shall  fix  a  day  for  the 
hearing.  The  Clerk  must  thereupon  give  notice  thereof,  of  not 
less  than  ten  days,  by  causing  notices  to  be  posted  in  at  least 
three  public  places  in  the  county,  setting  forth  the  name  of  the 
trust  estate,  the  trustee,  and  the  day  appointed  for  the  settle- 
ment of  the  account.  The  Court,  or  a  Judge  thereof,  may  order 
such  further  notice  to  be  given  as  may  be  proper;  and  any 
such  trustee  may,  in  the  discretion  of  the  Court,  upon  applica- 
tion of  any  beneficiary  of  the  trust,  be  ordered  to  appear  and 
render  his  account,  after  being  cited  by  service  of  citation,  as 
provided  for  the  service  of  summons  in  civil  cases.  Upon  the 
filing  of  the  account  so  ordered,  the  same  proceedings  for  the 
hearing  and  settlement  thereof  shall  be  had  as  are  hereinabove 
provided. 

Sec.  2.     This  Act  shall  take  effect  immediately. 


CHAPTER  LXX. 

An  Act  to  amend  section  four  hundred  and  seventy-two  of  the 
Political  Code,  providing  for  an  assistant  and  deputies  in  the 
Attorney-  GeneraVs  office,  fixing  their  salaries,  and  prohibiting 
the  employment  of  other  attorneys  at  the  expense  of  the  State. 

[Approved  March  16,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Section  four  hundred  and  seventy-two  of  the 
Political  Code  is  hereby  amended  so  as  to  read  as  follows: 

472.  The  Attorney-General  may  appoint  one  assistant, 
who  shall  be  a  member  of  the  State  Board  of  Examiners  when 
the  Attorney-General  is  absent  from  the  Capitol,  and  three 
deputies,  who  shall  be  civil  executive  officers.  The  annual  sal- 
ary of  the  assistant  shall  be  twenty-seven  hundred  dollars;  the 
annual  salary  of  the  first  deputy  shall  be  twenty-four  hundred 
dollars;  the  annual  salary  of  the  second  deputy  shall  be  twenty- 
four  hundred  dollars;  the  annual  salary  of  the  third  deputy 
shall  be  twenty-four  hundred  dollars.  Said  salaries  shall  be 
payable  in  the  same  manner  as  salaries  of  other  State  officers. 

Subdivision  1.  The  Attorney-General  shall  not  employ  special 
counsel  in  any  case  except  those  provided  in  section  four  hun- 
dred and  seventy-four  of  the  Political  Code. 

Subdivision  2.  The  Attorney-General  shall  have  charge,  as 
attorney,  of  all  legal  matters  in  which  the  State  is  in  anywise 
interested,  except  the  business  of  the  Regents  of  the  University 
of  California  and  of  the  State  Harbor  Commissioners,  and  no 
board,  officer  or  officers,  or  employe  of  the  State,  except  said 
Regents  and  said   Harbor    Commissioners,  shall  employ  any 


—  55  — 

attorney  other  than  the  Attorney-General,  or  one  of  his  assist- 
ants or  deputies,  in  any  matter  in  which  the  State  is  inter- 
ested; nor  shall  any  money  be  drawn  out  of  the  Treasury,  or 
out  of  any  moneys  appropriated  out  of  the  Treasury,  or  out  of 
any  special  or  contingent  fund  under  the  control  of  any  board, 
officer  or  officers,  or  employe,  for  the  pay  of  any  legal  "services 
rendered  after  the  passage  of  this  Act,  the  provisions  of  any 
existing  statute  to  the  contrary  notwithstanding;  provided, 
that  whenever  a  District  Attorney  in  any  county  of  this  State 
shall,  for  any  reason,  become  disqualified  from  conducting  any 
criminal  prosecution  within  such  county,  the  Attorney-General 
may  employ  special  counsel  to  conduct  such  prosecution,  and 
the  attorney's  fee  in  such  case  shall  be  a  legal  charge  against 
the  State. 

Subdivision  3.  All  Acts  in  conflict  with  this  Act  are  hereby 
repealed. 

Provided  further,  that  nothing  herein  contained  shall  be  con- 
strued to  prevent  or  deny  the  right  of  any  board,  officer  or 
officers,  or  employe  of  the  State  to  employ  or  engage  counsel  in 
any  matter  of  the  State,  after  first  having  obtained  the  written 
consent  so  to  do  of  the  Attorney-General. 

Sec.  2.     This  Act  shall  take  effect  immediately. 


CHAPTER  LXXIV. 

An  Act  to  amend  section  fourteen  hundred  and  sixteen  of  the  Civil 
Code  of  this  State,  relating  to  water  rights. 

[Approved  March  23,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Section  fourteen  hundred  and  sixteen  of  the 
Civil  Code  of  this  State  is  hereby  amended  so  as  to  read  as 
follows: 

1416.  Within  sixty  days  after  the  notice  is  posted  the 
claimant  must  commence  the  excavation  or  construction  of 
the  works  in  which  he  intends  to  divert  the  water,  and  must 
prosecute  the  work  diligently  and  uninterruptedly  to  comple- 
tion, unless  temporarily  interrupted  by  snows  or  rain;  provided, 
that  if  the  erection  of  a  dam  has  been  recommended  by  the 
California  Debris  Commission  at  or  near  the  place  where  it  is 
intended  to  divert  the  water,  the  claimant  shall  have  sixty 
days  after  the  completion  of  such  dam  in  which  to  commence 
the  excavation  or  construction  of  the  works  in  which  he  in- 
tends to  divert  the  water. 

Sec.  2.  This  Act  shall  take  effect  immediately  from  and 
after  its  passage. 


—  56  — 

CHAPTER  LXXVI. 

An  Act  to  provide  against  the  adulteration  of  food  and  drugs. 

[Approved  March  26,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  No  person  shall,  within  this  State,  manufacture 
for  sale,  offer  for  sale,  or  sell  any  drug  or  article  of  food  which 
is  adulterated  within  the  meaning  of  this  Act. 

Sec  2.  The  term  "  drug,"  as  used  in  this  Act,  shall  include 
all  medicines  for  internal  or  external  use,  antiseptics,  disin- 
fectants, and  cosmetics.  The  term  "  food,"  as  used  herein,  shall 
include  all  articles  used  for  food  or  drink  by  man,  whether 
simple,  mixed,  or  compound. 

Sec.  3.  Any  article  shall  be  deemed  to  be  adulterated  within 
the  meaning  of  this  Act: 

(a)  In  the  case  of  drugs:  (1)  If,  when  sold  under  or  by  a 
name  recognized  in  the  United  States  Pharmacopoeia,  it  differs 
from  the  standard  of  strength,  quality,  or  purity  laid  down 
therein.  (2)  If,  when  sold  under  or  by  a  name  not  recognized 
in  the  United  States  Pharmacopoeia,  but  which  is  found  in  some 
other  pharmacopoeia  or  other  standard  work  on  materia  medica, 
it  differs  materially  from  the  standard  of  strength,  quality,  or 
purity  laid  down  in  such  work.  (3)  If  its  strength,  quality, 
or  purity  falls  below  the  professed  standard  under  which  it  is 
sold. 

(b)  In  the  case  of  food:  (1)  If  any  substance  or  substances 
have  been  mixed  with  it,  so  as  to  lower  or  depreciate,  or  injuri- 
ously affect  its  quality,  strength,  or  purity.  (2)  If  any  inferior 
or  cheaper  substance  or  substances  have  been  substituted  wholly 
or  in  part  for  it.  (3)  If  any  valuable  or  necessary  constituent 
or  ingredient  has  been  wholly  or  in  part  abstracted  from  it. 
(4)  If  it  is  an  imitation  of,  or  is  sold  under  the  name  of, 
another  article.  (5)  If  it  consists  wholly,  or  in  part,  of  a  dis- 
eased, decomposed,  putrid,  infected,  tainted,  or  rotten  animal 
or  vegetable  substance  or  article,  whether  manufactured  or  not; 
or  in  the  case  of  milk,  if  it  is  the  produce  of  a  diseased  animal. 

(6)  If  it  is  colored,  coated,  polished,  or  powdered,  whereby 
damage  or  inferiority  is  concealed,  or  if  by  any  means  it  is 
made  to  appear  better  or  of  greater  value  than  it  really  is. 

(7)  If  it  contains  any  added  substance  or  ingredient  which  is 
poisonous  or  injurious  to  health. 

Provided,  that  the  provisions  of  this  Act  shall  not  apply  to 
mixtures  or  compounds  recognized  as  ordinary  articles  or 
ingredients  of  articles  of  food,  if  each  and  every  package  sold 
or  offered  for  sale  be  distinctly  labeled  as  mixtures  or  com- 
pounds, with  the  name  and  per  cent  of  each  ingredient  therein, 
and  are  not  injurious  to  health. 

Sec  4.  Every  person  manufacturing,  exposing  or  offering 
for  sale,  or  delivering  to  a  purchaser,  any  drug  or  article  of 


—  57  — 

food  included  in  the  provisions  of  this  Act,  shall  furnish  to  any 
person  interested,  or  demanding  the  same,  who  shall  apply  to 
him  for  the  purpose,  and  shall  tender  him  the  value  of  the 
same,  a  sample  sufficient  for  the  analysis  of  any  such  drug  or 
article  of  food  which  is  in  his  possession. 

Sec.  5.  Whoever  refuses  to  comply,  upon  demand,  with  the 
requirements  of  section  four,  and  whoever  violates  any  of  the 
provisions  of  this  Act,  shall  be  guilty  of  a  misdemeanor,  and 
shall  be  fined  not  exceeding  one  hundred  nor  less  than  twenty- 
five  dollars,  or  imprisoned  in  the  county  jail  not  exceeding  one 
hundred  nor  less  than  thirty  days,  or  both.  And  any  person 
found  guilty  of  manufacturing,  offering  for  sale,  or  selling,  an 
adulterated  article  of  food  or  drug  under  the  provisions  of  this 
Act  shall  be  adjudged  to  pay,  in  addition  to  the  penalties 
hereinbefore  provided  for,  all  the  necessary  costs  and  expenses 
incurred  in  inspecting  and  analyzing  such  adulterated  articles 
of  which  said  person  may  have  been  found  guilty  of  manufactur- 
ing, selling,  or  offering  for  sale. 

Sec.  6.  This  Act  shall  be  in  force  and  take  effect  from  and 
after  its  passage. 


CHAPTER  LXXVII. 

An  Act  to  amend  section  seven  hundred  and  thirty-eight  of  the 
Code  of  Civil  Procedure,  relating  to  actions  to  determine  adverse 
claims  to  property. 

[Approved  March  26,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Section  seven  hundred  and  thirty-eight  of  the 
Code  of  Civil  Procedure  is  hereby  amended  to  read  as  follows: 

738.  An  action  may  be  brought  by  any  person  against 
another  who  claims  an  estate  or  interest  in  real  property, 
adverse  to  him,  for  the  purpose  of  determining  such  adverse 
claim;  provided,  however,  that  whenever  in  an  action  to  quiet 
title  to,  or  to  determine  adverse  claims  to,  real  property,  the 
validity  of  any  gift,  devise,  or  trust,  under  any  will,  or  instru- 
ment purporting  to  be  a  will,  whether  admitted  to  probate  or 
not,  shall  be  involved,  such  will,  or  instrument  purporting  to 
be  a  will,  is  admissible  in  evidence;  and  all  questions  concern- 
ing the  validity  of  any  gift,  devise,  or  trust  therein  contained, 
save  such  as  under  the  Constitution  belong  exclusively  to  the 
probate  jurisdiction,  shall  be  finally  determined  in  such  action; 
and  provided,  however,  that  nothing  herein  contained  shall  be 
construed  to  deprive  a  party  of  the  right  to  a  jury  trial  in  any 
case  where,  by  the  law,  such  right  is  now  given. 

Sec  2.     This  Act  shall  take  effect  from  and  after  its  passage. 


—  58 


CHAPTER  LXXIX. 

An  Act  to  amend  the  Penal  Code  of  the  State  of  California,  by 
adding  a  new  section  thereto,  to  be  known  as  section  forty,  in 
relation  to  'punishment  of  crimes  against  election  laws. 

[Approved  March  26,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  A  new  section  is  hereby  added  to  the  Penal 
Code,  to  be  known  as  section  forty,  to  read  as  follows: 

40.  Any  person  who  acts  as  an  election  officer  at  any 
election,  without  first  having  been  appointed  and  qualified  as 
such,  and  any  person  who,  not  being  an  election  officer,  per- 
forms or  discharges  any  of  the  duties  of  an  election  officer,  in 
regard  to  the  handling  or  counting  or  canvassing  of  any 
ballots  cast  at  any  election,  shall  be  guilty  of  a  felony,  and  on 
conviction  be  punished  by  imprisonment  in  the  State  Prison 
for  not  less  than  two  nor  more  than  seven  years. 

Sec.  2.  This  Act  shall  be  in  force  from  and  after  its 
passage. 


CHAPTER  LXXX. 

An  Act  to  amend  section  one  thousand  six  hundred  and  ninety- 
one  of  the  Code  of  Civil  Procedure  of  the  State  of  California, 
relating  to  agents  for  absent  interest  parties,  discharge  of  exec- 
utors or  administrators. 

[Approved  March  26,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Section  one  thousand  six  hundred  and  ninety- 
one  of  the  Code  of  Civil  Procedure  is  hereby  amended  to  read 
as  follows: 

1691.  When  any  estate  is  assigned  or  distributed,  by  a 
judgment  or  decree  of  the  Court,  as  provided  in  this  chapter, 
to  any  person  residing  out  of,  and  having  no  agent  in  this 
State,  and  it  is  necessary  that  some  person  should  be  author- 
ized to  take  possession  and  charge  of  the  same  for  the  benefit 
of  such  absent  person,  the  Court  may  appoint  an  agent  for 
that  purpose  and  authorize  him  to  take  charge  of  such  estate, 
as  well  as  to  act  for  such  absent  person  in  the  distribution; 
provided,  that  if  such  estate  be  in  money  when  so  assigned  or 
distributed,  the  executor  or  administrator  of  such  estate  may 
deposit  the  share  of  each  person,  and  in  the  name  of  said  per- 
son, as  far  as  known,  as  designated  in  said  assignment  or 
decree  of  distribution,  with  the  County  Treasurer  of  the  county 
in  which  said  estate  is  being  probated,  who  shall  give  a  receipt 
for  the  same,  and  be  liable  upon  his  official  bond  therefor;  and 


—  59  — 

said  receipt  shall  be  deemed  and  received  by  the  Court,  or 
Judge  thereof,  as  a  voucher  in  favor  of  said  executor  or  admin- 
istrator, with  the  same  force  and  effect  as  if  executed  by  such 
assignee,  legatee,  or  distributee;  and  said  section  as  amended 
shall  be  applicable  to  any  and  all  estates  now  pending  in 
which  a  decree  of  final  discharge  has  not  been  granted. 
This  Act  shall  be  in  force  from  and  after  its  passage. 


CHAPTER  LXXXI. 

An  Act  to  provide  the  manner  of  execution  of  deeds  by  cemetery 

corporations. 

[Approved  March  26,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  All  deeds  or  conveyances  executed  by  cemetery 
associations  or  incorporations  within  this  State,  shall  be  exe- 
cuted in  the  name  of  the  corporation  or  association,  under  the 
seal  thereof,  by  the  President,  or  Vice-President,  and  Secretary 
thereof. 

Sec.  2.  All  Acts  and  parts  of  Acts  in  conflict  with  this 
statute,  in  so  far  as  they  conflict  with  the  same,  are  hereby 
repealed. 

Sec  3.  This  Act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 


CHAPTER  LXXXIL 

An  Act  to  amend  section  seven  hundred  and  seventeen  of  an  Act 
entitled  uAn  Act  to  establish  a  Civil  Code,"  approved  March 
21,  1872,  relating  to  leases  of  agricultural  lands. 

[Approved  March  26,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Section  seven  hundred  and  seventeen  of  the 
Civil  Code  is  hereby  amended  to  read  as  follows: 

717.  No  lease  or  grant  of  land  for  agricultural  purposes, 
for  a  longer  period  than  ten  years,  in  which  shall  be  reserved 
any  rent  or  service  of  any  kind,  shall  be  valid. 


60  — 


CHAPTER  LXXXIV. 

An  Act  authorizing  and  requiring  boards  or  commissions  having 
the  management  and  control  of  paid  fire  departments,  to  grant 
the  members  thereof  yearly  vacations. 

[Approved  March  26,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  In  every  city,  or  city  and  county,  of  this  State, 
where  there  is  a  regularly  organized  paid  fire  department,  the 
Board  of  Supervisors,  Common  Council,  Commissions,  or  other 
body  having  the  management  and  control  of  the  same,  are 
authorized  and  required,  once  in  every  year,  to  provide  for 
granting  each  member  thereof  a  leave  of  absence  from  active 
duty  for  a  period  of  not  less  than  ten  nor  more  than  fifteen 
days.  Leaves  of  absence  so  granted  must  be  arranged  by  said 
board  or  commission  so  as  not  to  interfere  with  or  in  any  way 
impair  the  efficiency  of  the  department;  and  leaves  of  absence 
granted  in  cases  of  sickness,  or  in  consequence  of  injuries 
received  while  in  the  discharge  of  duty,  shall  not  be  construed 
to  be  or  become  a  part  of  the  leave  of  absence  provided  for  by  this 
Act.  No  deduction  must  be  made  from  the  pay  of  any  member 
of  such  fire  department  granted  a  leave  of  absence  under  the 
provisions  of  this  Act. 

Sec  2.     This  Act  shall  take  effect  immediately. 


CHAPTER  LXXXV. 

An  Act  to  repeal  an  Act  entitled  uAn  Act  concerning  corporations 
and  persons  engaged  in  the  business  of  banking,"  approved 
April  1,  1876. 

[Approved  March  26,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  That  an  Act  entitled  "An  Act  concerning  cor- 
porations and  persons  engaged  in  the  business  of  banking," 
approved  April  first,  eighteen  hundred  and  seventy-six,  be  and 
the  same  is  hereby  repealed. 

Sec  2.  This  Act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 


61  — 


CHAPTER  LXXXVI. 

An  Act  to  add  a  new  section  to  the  Penal  Code  of  the  State  of 
California,  to  be  known  and  designated  as  section  five  hundred 
and  two  and  one  half,  relating  to  the  severance  and  removal  of 
fixtures  and  improvements  upon  mortgaged  property. 

[Approved  March  26,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  A"  new  section  is  hereby  added  to  the  Penal 
Code,  to  be  known  and  designated  as  section  five  hundred  and 
two  and  a  half,  to  read  as  follows: 

502^.  Every  person  who,  after  mortgaging  any  real  prop- 
erty, and  during  the  existence  of  such  mortgage,  or  after  such 
mortgaged  property  shall  have  been  sold  under  an  order  and 
decree  of  foreclosure,  and  with  intent  to  defraud  or  injure  the 
mortgagee,  his  representatives,  successors,  or  assigns,  or  the 
purchaser  of  such  mortgaged  premises  at  such  foreclosure  sale, 
his  representatives  or  assigns,  takes,  removes,  or  carries  away 
from  such  mortgaged  premises,  or  otherwise  disposes  of,  or  per- 
mits the  taking,  removing,  or  carrying  away,  or  otherwise  dis- 
posing of,  any  house,  barn,  windmill,  or  water  tank,  upon  or 
affixed  to  such  premises  as  an  improvement  thereon,  without 
the  written  consent  of  the  mortgagee,  his  representatives,  suc- 
cessors, or  assigns,  or  the  purchaser  at  such  foreclosure  sale, 
his  representatives  or  assigns,  is  guilty  of  larceny,  and  shall 
be  punished  accordingly. 

Sec.  2.     This  Act  shall  take  effect  immediately. 


CHAPTER  XC. 

An  Act  to  amend  section  fifteen  hundred  and  eighty-two  of  the 
Code  of  Civil  Procedure,  relating  to  the  maintenance  of  civil 
actions  by  executors  and  administrators. 

[Approved  March  26,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  fifteen  hundred  and  eighty-two  of  the  Code  of  Civil 
Procedure  is  hereby  amended  so  as  to  read  as  follows: 

1582.  Actions  for  the  recovery  of  any  property,  real  or 
personal,  or  for  the  possession  thereof,  or  to  quiet  title  thereto, 
or  to  determine  any  adverse  claim  thereon,  and  all  actions 
founded  upon  contracts,  may  be  maintained  by  and  against 
executors -and  administrators  in  all  cases  in  which  the  same 
might  have  been  maintained  by  or  against  their  respective 
testators  or  intestates. 

Sec  2.     This  Act  shall  take  effect  immediately. 


—  62 


CHAPTER  XCIV. 


An  Act  to  amend  sections  three  thousand  four  hundred  and  forty- 
nine  and  three  thousand  four  hundred  and  sixty-eight  of  the 
Civil  Code  of  the  State  of  California,  relating  to  assignments 
for  the  benefit  of  creditors. 

[Approved  March  26,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Sections  three  thousand  four  hundred  and  forty- 
nine  and  three  thousand  four  hundred  and  sixty-eight  of  the 
Civil  Code  of  the  State  of  California  are  hereby  amended  to 
read  as  follows: 

3449.  An  insolvent  debtor  may  in  good  faith  execute  an 
assignment  of  property  in  trust  for  the  satisfaction  of  his  cred- 
itors, in  conformity  to  the  provisions  of  this  chapter;  subject, 
however,  to  the  provisions  of  this  Code  relative  to  trusts  and 
fraudulent  transfers,  and  to  the  restrictions  imposed  by  law 
upon  assignments  by  special  partnerships,  by  corporations,  or 
by  other  specific  classes  or  persons.  Every  such  assignment 
shall  contain  a  list  of  the  names  of  the  creditors  of  the  assignor, 
and  their  places  of  residence  and  amounts  of  their  respective 
demands,  and  the  amounts  and  nature  of  any  security  there- 
for, and  shall,  subject  to  the  other  provisions  of  this  section, 
be  made  to  the  Sheriff  of  the  county,  or  city  and  county, 
wherein  the  assignor  resides,  if  the  assignor  resides  within  this 
State;  or  in  case  the  assignor  resides  out  of  this  State,  then  to 
the  Sheriff  of  the  county,  or  city  and  county,  wherein  the  prop- 
erty assigned,  or  some  of  it,  is  situated;  but  when  the  assignor 
resides  out  of  the  State,  an  assignment  made  as  herein  pro- 
vided may,  by  its  terms,  transfer  any  property  of  the  assignor 
in  this  State.  The  Sheriff  shall  forthwith  take  possession  of 
all  the  property  so  assigned  to  him,  and  keep  the  same  till 
delivered  by  him,  as  hereinafter  provided.  When  the  assign- 
ment has  been  made,  as  herein  provided,  the  Sheriff  shall 
immediately,  by  mail,  notify  the  creditors  named  in  the 
assignment,  at  their  places  of  residence  as  given  therein,  to 
meet  at  his  office  on  a  day  and  hour  to  be  appointed  by  him, 
of  not  less  than  eight  nor  more  than  ten  days  from  the  date  of 
the  delivery  of  the  assignment  to  him,  for  the  purpose  of  electing 
one  or  more  assignees,  as  they  may  determine,  in  the  place  and 
stead  of  the  said  Sheriff  in  the  premises,  and  shall  also  pub- 
lish a  notice  of  such  meeting,  and  the  purpose  thereof,  at  least 
once  before  such  meeting,  in  some  newspaper  published  in  his 
county,  or  city  and  county.  The  notice  so  to  be  mailed  shall 
also  contain  a  statement  of  the  amount  of  the  demand  of  the 
creditor,  and  the  amount  and  nature  of  any  security  therefor, 
as  set  forth  in  the  assignment;  and  if  any  creditor  shall  not 
find  the  amount  of  his  claim  to  be  correctly  so  stated,  he  may 
file  with  said  Sheriff,  at  or  before  such  meeting,  a  statement, 
under  oath,  of  his  demand,  and  such  statement  shall,  for  the 


— •  63  — 

purpose  of  voting  as  hereinafter  provided,  be  accepted  by  said 
Sheriff  as  correct;  and  when  no  such  statement  is  filed,  the 
statement  of  amount  as  set  forth  in  the  assignment  shall  be 
accepted  by  the  Sheriff  as  correct.  No  creditor  having  a  mort- 
gage or  pledge  of  real  or  personal  property  of  the  debtor,  or 
lien  thereon,  for  securing  the  payment  "of  a  debt  owing  to  him 
from  the  debtor,  shall  be  allowed  to  vote  any  part  of  his  claim 
at  such  meeting  of  creditors,  unless  he  shall  have  first  conveyed, 
released,  or  delivered  up  his  said  security  to  said  Sheriff,  for  the 
benefit  of  all  creditors  of  said  assignor.  At  such  meeting  the 
Sheriff  shall  preside,  and  a  majority  in  amount  of  demands 
present  or  represented  by  proxy  shall  control  all  questions  and 
decisions.  The  creditors  may  adjourn  such  meeting  from  time 
to  time,  and  may  vote  on  all  questions  either  in  person  or  by 
proxy  signed  and  acknowledged  before  any  officer  authorized  to 
take  acknowledgments,  and  filed  with  the  Sheriff.  At  such  a 
meeting,  or  any  adjournment  thereof,  the  creditors  may  elect 
one  or  more  assignees  from  their  own  number,  in  the  place  and 
stead  of  the  Sheriff,  and  the  person  or  persons  so  elected  shall 
afterwards  be  the  assignee  or  assignees  under  the  provisions  of 
this  title;  and  the  Sheriff,  by  transfer  in  writing,  acknowledged 
as  required  by  section  three  thousand  four  hundred  and  fifty- 
eight,  shall  at  once  assign  to  such  elected  assignee  or  assignees, 
upon  the  trusts  in  this  title  provided,  all  the  property  so 
assigned  to  him,  and  deliver  possession  thereof.  All  recitals 
in  such  assignment  by  said  Sheriff  of  notices  of  such  meet- 
ing, and  the  holding  thereof,  and  of  the  due  election  of  such 
assignee  or  assignees,  shall  be  prima  facie  proof  of  the  facts 
recited.  The  Sheriff  shall,  before  the  delivery  of  such  assign- 
ment, be  paid  the  expenses  incurred  by  him,  and  fees  in  such 
amount  as  would  by  law  be  collectible  if  the  property  assigned 
had  been  levied  upon  and  safely  kept  under  attachment. 
Thereupon,  and  after  the  record  of  such  last  named  assign- 
ment, as  in  this  title  provided,  such  elected  assignee  or  assignees 
shall  take,  and  hold,  and  dispose  of  all  such  property  and 
its  proceeds,  upon  the  trusts  and  conditions  and  for  the  pur- 
poses in  this  title  provided. 

Sec.  2.  Section  three  thousand  four  hundred  and  sixty- 
eight  of  said  Code  is  hereby  amended  to  read  as  follows: 

3468.  Until  a  verified  inventory  has  been  made  and  filed, 
either  by  the  assignor  or  assignee,  as  required  by  the  provisions 
of  this  title,  and  the  assignee  has  given  the  bond  required  by 
the  last  section,  such  assignee  has  no  authority  to  dispose  of 
the  property  of  the  estate,  or  any  part  of  it  (except  in  the  case 
of  perishable  property,  which  in  his  discretion  he  may  dispose 
of  at  any  time,  and  receive  the  proceeds  of  sale  thereof ) ;  noi 
has  he  power  to  convert  the  property,  or  the  proceeds  of  any 
sale  of  perishable  property,  to  the  purposes  of  the  trust. 
Within  ten  days  after  the  filing  of  his  bond,  the  assignee  must 
commence  the  publication  (and  such  publication  shall  continue 
at  least  once  a  week  for  four  weeks),  in  some  newspaper  pub- 
lished in  the  county,  or  city  and  county,  where  the  inventory 
is  filed,  of  a  notice  to  creditors  of  the  assignor,  stating  the  fact 


—  64  — 

and  date  of  the  assignment,  and  requiring  all  persons  having 
claims  against  the  assignor  to  exhibit  them,  with  the  necessary 
vouchers,  and  verified  by  the  oath  of  the  creditor,  to  the  assignee, 
at  his  place  of  residence  or  business,  to  be  specified  in  the  notice; 
and  he  shall  also,  within  ten  days  after  the  first  publication  of 
said  notice,  mail  a  copy  of  such  notice  to  each  creditor  whose 
name  is  given  in  the  instrument  of  assignment,  at  the  address 
therein  given.  After  such  notice  is  given,  a  copy  thereof,  with 
affidavit  of  due  publication  and  mailing,  must  be  filed  with 
the  County  Recorder  with  whom  the  inventory  has  been  filed, 
which  affidavit  shall  be  prima  facie  evidence  of  the  facts  stated 
therein.  At  any  time,  or  from  time  to  time,  after  the  expiration 
of  thirty  days  from  the  first  publication  of  said  notice  (provided, 
the  same  shall  also  have  been  mailed  as  in  this  section  pro- 
vided), the  assignee  may,  in  his  discretion,  declare  and  pay 
dividends  to  the  creditors  whose  claims  have  been  presented 
and  allowed.  No  dividend  already  declared  shall  be  disturbed 
by  reason  of  claims  being  subsequently  presented  and  allowed; 
but  the  creditor  presenting  such  claim  shall  be  entitled  to  a 
dividend  equal  to  the  per  cent  already  declared  and  paid,  before 
any  further  dividend  is  made;  provided,  however,  that  there  be 
assets  sufficient  for  that  purpose;  and  provided,  that  the  failure 
to  present  such  claim  shall  not  have  resulted  from  his  own 
neglect,  and  he  shall  attach  to  such  claim  a  statement,  under 
oath,  showing  fully  why  the  same  was  not  before  presented. 
When  a  creditor  has  a  mortgage  or  pledge  of  real  or  personal 
property  of  the  debtor,  or  a  lien  thereon,  for  securing  the  pay- 
ment of  a  debt  owing  to  him  from  the  debtor,  and  shall  not 
have  conveyed,  released,  or  delivered  up  such  security  to  the 
Sheriff,  as  provided  for  by  section  three  thousand  four  hundred 
and  forty-nine  of  this  Code,  he  shall  be  admitted  as  a  creditor 
only  for  the  balance  of  the  debt  after  deducting  the  value  of 
such  mortgage,  pledge,  or  lien,  to  be  ascertained  by  agreement 
between  him  and  the  assignee,  or  by  a  sale  thereof,  to  be  made 
in  such  manner  as  the  Superior  Court  of  the  county  in  which 
the  assignment  is  made  shall  direct;  or  the  creditor  may  release 
or  convey  his  claim  to  the  assignee  upon  such  property,  and  be 
admitted  to  prove  his  whole  debt.  If  the  value  of  the  property 
exceeds  the  sum  for  which  it  is  so  held  as  security,  the  assignee 
may  release  to  the  creditor  the  debtor's  right  of  redemption 
thereon  on  receiving  such  excess;  or  he  may  sell  the  property, 
subject  to  the  claim  of  the  creditor  thereon;  and  in  either  case 
the  assignee  and  creditor,  respectively ,  shall  execute  all  deeds  and 
writings  necessary  or  proper  to  consummate  the  transaction. 
If  the  property  is  not  sold  or  released,  and  delivered  up,  the 
-creditor  shall  not  be  allowed  to  prove  any  part  of  his  debt. 


65  — 


CHAPTER  XCV. 

An  Act  to  amend  an  Act  entitled  "An  Act  to  provide  for  the  for- 
mation, government,  operation,  and  dissolution  of  sanitary  dis- 
tricts in  any  part  of  the  State,  for  the  construction  of  sewers, 
and  other  sanitary  purposes;  the  acquisition  of  property  thereby; 
the  calling  and  conducting  of  elections  in  such  districts;  the 
assessment,  levy,  collection,  custody,  and  disbursement  of  taxes 
therein;  the  issuance  and  disposal  of  the  bonds  thereof,  and  the 
determination  of  their  validity,  and  making  provision  for  the 
payment  of  such  bonds,  and  the  disposal  of  their  proceeds," 
approved  March  81,  1891,  amended  March  9,  1893. 

[Approved  March  26,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  The  title  of  the  above  entitled  Act  is  amended  to 
read  as  follows:  "An  Act  to  provide  for  the  formation,  govern- 
ment, operation,  and  dissolution  of  sanitary  districts  in  any 
part  of  the  State,  for  the  construction  of  sewers,  and  other 
sanitary  purposes;  the  acquisition  of  property  thereby;  the 
calling  and  conducting  of  elections  in  such  districts;  the  as- 
sessment, levy,  collection,  custody,  and  disbursement  of  taxes 
therein;  the  issuance  and  disposal  of  the  bonds  thereof,  and 
the  determination  of  their  validity,  and  making  provision  for 
the  payment  of  such  bonds,  and  the  disposal  of  their  proceeds, 
and  for  empowering  Sanitary  Boards  to  provide  in  other 
respects  for  the  good  order  and  welfare  of  sanitary  districts." 
Sec.  2.  Section  five  (5)  is  amended  to  read  as  follows: 
Section  5.  Every  sanitary  district  formed  under  the  pro- 
visons  of  this  Act  shall  have  power  to  have  and  use  a  com- 
mon seal,  alterable  at  the  pleasure  of  the  Sanitary  Board;  to 
sue  and  be  sued  by  its  name;  to  construct  and  maintain,  and 
keep  clean  such  sewers  and  drains  as  in  the  judgment  of  the 
Sanitary  Board  shall  be  necessary  or  proper,  and  for  this 
purpose"  to  acquire  by  purchase,  gift,  devise,  condemnation 
proceedings,  or  otherwise,  such  real  and  personal  property  and 
rights  of  way,  either  within  or  without  the  limits  of  the  dis- 
trict, as  in  the  judgment  of  the  Sanitary  Board  shall  be  neces- 
sary or  proper,  and  to  pay  for  and  hold  the  same;  to  make  and 
accept  any  and  all  contracts,  deeds,  releases,  and  documents  of 
any  kind  which,  in  the  judgment  of  the  Sanitary  Board,  shall 
be  necessary  or  proper  to  the  exercise  of  any  of  the  powers  of 
the  district,  and  to  direct  the  payment  of  all  lawful  claims  and 
demands  against  it;  to  issue  bonds  as  hereinafter  provided,  and 
to  assess,  levy,  and  collect  taxes  to  pay  the  principal  and  inter- 
est of  the  same,  and  the  cost  of  laying  and  the  expense  of  main- 
taining any  sewer  or  sewers  that  may  be  constructed  subsequent 
to  the  issuance  of  said  bonds,  or  any  lawful  claims  against  said 
district,  and  the  running  expenses  of  the  district;  to  employ 
all  necessary  agents  and  assistants,  and  pay  the  same;  to  lay 
5 


—  66  — 

its  sewers  and  drains  in  any  public  street  or  road  of  the  county, 
and  for  this  purpose  enter  upon  the  same  and  make  all  neces- 
sary and  proper  excavations,  restoring  the  same  to  proper 
condition;  but  in  case  such  street  or  road  shall  be  in  an  incorpo- 
rated city  or  town,  the  consent  of  the  lawful  authorities  thereof 
shall  first  be  obtained;  to  make  and  enforce  all  necessary  and 
proper  regulations  for  the  removal  of  garbage,  and  the  cleanli- 
ness of  the  roads  and  streets  of  the  district,  and  for  the  purpose 
of  guarding  against  the  spread  of  contagious  and  infectious  dis- 
eases, and  for  the  isolation  of  persons  and  houses  affected  with 
such  diseases,  and  for  the  notification  of  the  other  inhabitants  of 
the  existence  thereof,  and  all  other  sanitary  regulations  not  in 
conflict  with  the  Constitution  and  laws  of  the  State;  to  make 
and  enforce  all  necessary  and  proper  regulations  for  suppressing 
disorderly  and  disreputable  resorts,  and  houses  of  ill-fame 
within  the  district,  and  to  determine  the  qualification  of  per- 
sons authorized  to  sell  liquors  at  retail,  and  from  and  after  the 
passage  of  this  Act  no  license  to  keep  a  saloon,  or  sell  liquors  at 
retail,  shall  take  effect  or  be  operative  within  any  sanitary 
district  unless  the  same  be  approved  by  the  Sanitary  Board  of 
the  district;  to  impose  fines,  penalties,  and  forfeitures  for  any 
and  all  violations  of  its  regulations  or  orders,  and  to  fix  the 
penalty  thereof  by  fine  or  imprisonment,  or  both;  but  no  such 
fine  shall  exceed  the  sum  of  one  hundred  dollars,  and  no  such 
imprisonment  shall  exceed  one  month;  to  call,  hold,  and  con- 
duct all  elections  necessary  or  proper  after  the  formation  of  the 
district;  to  prescribe,  by  order,  the  time,  mode,  and  manner  of 
assessing,  levying,  and  collecting  taxes  for  sanitary  purposes, 
except  as  otherwise  provided  herein;  to  compel  all  residents 
and  property  owners  within  the  district  to  connect  their  houses 
and  habitations  with  the  street  sewers  and  drains;  and  generally 
to  do  and  perform  any  and  all  acts  necessary  or  proper  to  the 
complete  exercise  and  effect  of  any  of  its  powers,  or  the  purpose 
for  which  it  was  formed. 

Sec.  3.     This  Act  shall  take  effect  immediately. 


CHAPTER  XCVIII. 

An  Act  to  amend  section  one  thousand  two  hundred  and  thirty- 
eight  of  the  Code  of  Civil  Procedure  of  the  State  of  California, 
concerning  the  right  of  eminent  domain. 

[Approved  March  26,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Section  one  thousand  two  hundred  and  thirty- 
eight  of  the  Code  of  Civil  Procedure  is  amended  to  read  as 
follows : 

1238.  Subject  to  the  provisions  of  this  title,  the  right  of 
eminent  domain  may  be  exercised  in  behalf  of  the  following 
public  uses: 


—  67  — 

1.  Fortifications,  magazines,  arsenals,  navy  yards,  navy  and 
army  stations,  lighthouses,  range  and  beacon  lights,  coast  sur- 
veys, and  all  other  public  uses  authorized  by  the  Government 
of  the  United  States. 

2.  Public  buildings  and  grounds  for  the  use  of  the  State,  and 
all  other  public  uses  authorized  by  the  Legislature  of  this  State. 

3.  Public  buildings  and  grounds  for  the  use  of  any  county, 
incorporated  city,  or  city  and  county,  village,  town,  or  school 
districts;  canals,  aqueducts,  reservoirs,  tunnels,  flumes,  ditches, 
or  pipes  for  conducting  or  storing  water  for  the  use  of  the 
inhabitants  of  any  county,  incorporated  city,  or  city  and  county, 
village,  or  town,  or  for  draining  any  county,  incorporated  city, 
or  city  and  county,  village,  or  town;  raising  the  banks  of 
streams,  removing  obstructions  therefrom,  and  widening  and 
deepening  or  straightening  their  channels;  roads,  streets,  and 
alleys,  and  all  other  public  uses  for  the  benefit  of  any  county, 
incorporated  city,  or  city  and  county,  village,  or  town,  or  the 
inhabitants  thereof,  which  may  be  authorized  by  the  Legisla- 
ture; but  the  mode  of  apportioning  and  collecting  the  costs 
of  such  improvements  shall  be  such  as  may  be  provided  in 
the  statutes  by  which  the  same  may  be  authorized. 

4.  Wharves,  docks,  piers,  chutes,  booms,  ferries,  bridges,  toll- 
roads,  by-roads,  plank  and  turnpike  roads;  steam,  electric, 
and  horse  railroads;  canals,  ditches,  dams,  pondings,  flumes, 
aqueducts,  and  pipes,  for  irrigation,  public  transportation,  sup- 
plying mines  and  farming  neighborhoods  with  water,  and  drain- 
ing and  reclaiming  lands,  and  for  floating  logs  and  lumber  on 
streams  not  navigable. 

5.  Roads,  tunnels,  ditches,  flumes,  pipes,  and  dumping  places 
for  working  mines;  also,  outlets,  natural  or  otherwise,  for  the 
flow,  deposit,  or  conduct  of  tailings  or  refuse  matter  from  mines; 
also,  an  occupancy  in  common  by  the  owners  or  possessors  of 
different  mines  of  any  place  for  the  flow,  deposit,  or  conduct  of 
tailings  or  refuse  matter  from  their  several  mines. 

6.  By-roads  leading  from  highways  to  residences,  farms, 
mines,  mills,  factories,  and  buildings  for  operating  machinery, 
or  necessary  to  reach  any  property  used  for  public  purposes. 

7.  Telegraph  lines. 

8.  Sewerage  of  any  incorporated  city,  or  city  and  county,  or 
of  any  village  or  town,  whether  incorporated  or  unincorpo- 
rated, or  of  any  settlement  consisting  of  not  less  than  ten  fami- 
lies, or  of  any  public  buildings  belonging  to  the  State,  or  to 
any  college  or  university. 

9.  Roads  for  transportation  by  traction  engines  or  road  loco- 
motives. 

10.  Oil  pipe-lines. 

11.  Roads  for  logging  or  lumbering  purposes. 

12.  Canals,  reservoirs,  dams,  ditches,  flumes,  aqueducts,  and 
pipes,  for  supplying  and  storing  water  for  the  operation  of 
machinery  for  the  purpose  of  generating  and  transmitting 
electricity  for  the  supplying  of  mines,  quarries,  railroads,  tram- 
ways, mills,  and  factories  with  electrical  power,  and  also  for 
the  supplying  electricity  to  light  or  heat  mines,  quarries,  mills, 


—  68  — 

factories,  incorporated  cities,  cities  and  counties,  villages,  or 
towns,  together  with  lands,  buildings,  and  all  other  improve- 
ments in  or  upon  which  to  erect,  install,  place,  use,  or  operate 
machinery  for  the  purpose  of  generating  and  transmitting  elec- 
tricity for  any  of  the  purposes  or  uses  above  set  forth. 
13.  Electric  light  lines. 


CHAPTER  CIL 

An  Act  to  prevent  evil-disposed  persons  from  coming  upon  the 
grounds  of  the  Whittier  State  School  at  Whittier,  California,  or 
the  Preston  School  of  Industry  at  lone. 

[Approved  March  26,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Any  person  who  shall  come  upon  the  grounds 
of  the  Whittier  State  School  at  Whittier,  or  Preston  School  of 
Industry  at  lone,  or  any  of  the  grounds  adjacent  thereunto 
where  inmates  are  employed,  and  leave  or  deposit  where  inmates 
may  have  access  thereunto,  any  guns,  pistols,  knives,  or  other 
deadly  weapons,  or  any  explosive  of  any  kind  whatsoever,  shall 
be  guilty  of  felony,  and  upon  conviction  thereof  shall  be  pun- 
ished by  imprisonment  in  the  State  Prison  for  a  term  not  to 
exceed  three  years. 

Sec.  2.  Any  person  who  shall  come  upon  the  grounds  of 
the  Whittier  State  School  at  Whittier,  or  Preston  School  of 
Industry  at  lone,  or  any  of  the  grounds  adjacent  thereto  where 
inmates  are  employed,  and  leave  or  deposit  where  inmates  may 
have  access  thereto,  any  whisky,  cigars,  cigarettes,  tobacco,  or 
any  other  narcotic  or  stimulant,  or  who  shall  furnish  to  any  of 
the  inmates  of  said  school  any  of  the  above  named  articles, 
shall  be  guilty  of  a  misdemeanor. 

Sec  3.  Any  person  having  been  previously  convicted  of  a 
felony,  and  who  has  been  confined  in  either  of  the  State 
Prisons  of  this  State,  who  shall  come  upon  the  grounds  of  the 
Whittier  State  School,  or  Preston  School  of  Industry  at  lone, 
or  communicate,  or  attempt  to  communicate,  with  any  of  the 
inmates  of  said  institution  without  the  consent  of  the  Superin- 
tendents, or  other  officers  in  charge  of  said  schools,  shall  be 
guilty  of  a  felony,  and  upon  conviction  thereof  shall  be  pun- 
ished by  confinement  in  either  of  the  State  Prisons  of  this  State 
for  not  more  than  three  years. 

Sec.  4.  Any  tramp,  vagrant,  or  person  who  is  a  known  asso- 
ciate of  thieves,  who  shall  come  upon  the  grounds  of  the  Whit- 
tier State  School,  or  Preston  School  of  Industry  at  lone,  or 
grounds  adjacent  thereto,  and  communicate  with  any  of  the 
inmates  of  said  schools,  without  the  consent  of  the  Superin- 
tendents thereof,  or  who  shall  visit  or  communicate  with  any 
paroled  pupil  of  said  school  with  a  view  to  induce  him  to  violate 
the  conditions  of  his  parole,  or  who  shall  induce,  by  threats, 
intimidation,  or  persuasion,   such  paroled  pupil  to   leave  the 


—  69  — 

guardian  under  whom  he  has  been  placed  by  the  Superin- 
tendents of  the  Whittier  State  School,  or  Preston  School  of 
lone,  shall  be  guilty  of  a  misdemeanor. 

Sec.  5.  Any  person  who  shall  deliver,  or  agree  to  deliver, 
any  literature,  letters,  or  any  reading  matter  whatsoever  to  any 
of  the  pupils  of  the  Whittier  State  School,  or  Preston  School 
of  Industry  at  lone,  without  the  same  passing  through  the 
hands  of  the  Superintendents  of  said  schools,  or  other  officer 
designated  by  him  for  the  purpose  of  receiving  and  examining 
such  literature,  letters,  or  reading  matter,  shall  be  guilty  of  a 
misdemeanor. 

This  Act  shall  take  effect  immediately. 


CHAPTER  CIV. 

An  Act  to  prevent  the  sale  of  imitation  or  adulterated  honey,  and 
to  provide  a  punishment  therefor. 

[Approved  March  26,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Any  person  who,  by  himself  or  an  agent,  sells  or 
offers  for  sale,  or  in  any  way  disposes  of,  any  substance  or  com- 
position of  the  appearance  of  honey,  or  which  in  color,  consist- 
ency, and  taste  resembles  honey,  but  which  is  not  honey — the 
natural  product  of  the  bee,  or  a  pure  extract  therefrom — upon 
the  representation  or  claim  or  pretense  that  the  same  is  honey, 
or  a  pure  extract  therefrom,  is  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  punished  by  a  fine  of  one  hun- 
dred dollars,  or  by  imprisonment  in  the  county  jail  for  three 
months,  or  by  both  such  fine  and  imprisonment. 

Sec  2.  For  the  purposes  of  this  Act  "pure  extract  of  honey" 
is  honey  extracted  from  the  comb  without  the  addition  of  any 
other  substances. 

Sec  3.  This  Act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 


CHAPTER  CV. 

An  Act  authorizing  the  payment  of  compensation  or  commission 
to  persons  employed  by  the  State  Controller  and  Attorney- Gen- 
eral, or  by  Boards  of  Supervisors  of  the  different  counties,  to 
collect  delinquent  State  and  county  taxes,  and  legalizing  all 
payments  made  for  that  purpose. 

[Approved  March  26,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly 7  do  enact  as  follows: 

Section  1.     That  all  sums  heretofore  paid  by  the  State  to 
any  person  for  compensation  or  commission  to  persons  for  col- 


—  70  — 

lecting  delinquent  State  and  county  taxes  in  pursuance  of  an 
agreement  by  such  persons  with  the  State  Controller  and 
Attorney-General  for  such  collections,  and  all  sums  heretofore 
paid  by  any  Board  of  Supervisors  out  of  the  County  Treasury 
as  compensation  or  commissions  for  collecting  such  delinquent 
taxes  in  pursuance  of  an  agreement  by  such  persons  with  such 
Boards  of  Supervisors,  are  hereby  approved  and  legalized. 

Sec.  2.     This  Act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 


CHAPTER  CVI. 

An  Act  to  promote  the  protection  of  cities,  towns,  and  municipal 
corporations  from  overflow  by  water  and  the  drainage  of  the 
same,  and  for  such  purposes  authorizing  the  incurring  of  in- 
debtedness and  the  issuance  of  bonds  therefor  by  the  same,  and 
providing  for  the  disposition  of  the  proceeds  of  such  bonds,  and 
for  the  supervision  of  the  protective  and  other  works. 

[Approved  March  26,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Any  city,  town,  or  municipal  corporation  incor- 
porated under  the  laws  of  this  State  may,  by  procedure  herein- 
after prescribed,  incur  indebtedness  and  liability,  although  in 
excess  of  the  income  and  revenue  by  it  provided  for  the  current 
fiscal  year,  but  not  so  that  the  aggregate  funded  indebtedness 
thereof  shall  exceed  six  per  cent  of  the  assessed  value  of  all  the 
real  and  personal  property  in  the  municipality,  for  the  purpose 
of  protecting  such  city,  town,  or  municipal  corporation  from 
overflow  by  water,  and  for  the  purpose  of  draining  such  city, 
town,  or  municipal  corporation,  and  for  the  purpose  of  securing 
an  outlet  for  such  overflow  water  and  drainage,  or  for  any  part 
of  said  purposes,  whether  by  means  of  canals,  ditches,  levees, 
dikes,  embankments,  dams,  and  machinery  and  other  like 
appropriate  or  ancillary  means  or  works,  or  any  of  the  same, 
whether  situated  within  or  without  the  territorial  limits  of  such 
city,  town,  or  municipal  corporation. 

Sec.  2.  The  procedure  mentioned  in  section  one  aforesaid 
shall  be  as  follows,  to  wit:  The  City  Council  or  legislative 
body  of  such  city,  town,  or  municipal  corporation  shall,  first, 
have  made  by  some  competent  person  general  plans  and  esti- 
mates of  the  cost  of  such  canals,  ditches,  levees,  dikes,  embank- 
ments, dams,  machinery,  and  other  means  or  works  as  may 
be  contemplated,  which  general  plans  and  estimates  shall, 
after  adoption,  be  filed  in  the  office  of  the  Clerk  of  such 
municipality,  and  which  general  plans  shall  be  substantially 
adhered  to  thereafter  in  proceedings  under  this  Act.  Said 
City  Council  or  legislative  body  shall,  secondly,  after  the 
filing  of  such  general  plans  and  estimates,  and  by  resolution 


—  71  — 

or  ordinance  passed  at  a  regular  meeting  by  a  vote  of  two 
thirds  of  all  its  members  and  approved  by  the  executive  of  the 
municipality,  determine,  if  so  advised,  that  the  public  good  de- 
mands the  construction,  acquisition,  and  completion,  or  either, 
of  canals,  ditches,  levees,  dikes,  embankments,  dams,  machin- 
ery, and  other  like  appropriate  or  ancillary  means,  or  works, 
or  any  of  the  same,  for  any  or  all  of  the  purposes  mentioned  in 
section  one  aforesaid;  and  shall  further,  by  the  same  resolu- 
tion or  ordinance,  determine,  if  so  advised,  that  the  cost  of  the 
same  will  be  too  great  to  be  paid  out  of  the  ordinary  income  or 
revenue  of  the  municipality;  and  such  resolution  or  ordinance 
shall,  after  its  passage  and  approval,  be  published  as  herein- 
after prescribed.  Said  City  Council  or  legislative  body  shall, 
within  one  month  after  the  publication  aforesaid,  and  by  reso- 
lution or  ordinance  passed  at  a  regular  meeting  by  a  vote  of 
two  thirds  of  all  its  members,  and  approved  by  the  executive 
of  the  municipality,  call  a  special  election,  and  submit  to  the 
qualified  voters  of  such  city,  town,  or  municipal  corporation 
the  proposition  to  incur  a  debt  for  any  or  all  of  the  purposes 
mentioned  in  section  one  aforesaid,  and  which  have  been  as 
aforesaid  determined  to  be  demanded  for  the  public  good.  The 
resolution  or  ordinance  calling  such  special  election  shall 
specify  the  purpose  for  which  the  indebtedness  is  proposed  to  be 
incurred,  the  estimated  cost  of  the  things  proposed,  that  bonds 
of  the  municipality  will  issue  in  the  amount  of  such  estimated 
cost,  the  number  and  character  of  such  bonds,  the  rate  of 
interest  to  be  paid,  and  the  amount  of  the  tax  levy  for  each 
year  during  the  outstanding  of  such  bonds  to  be  made  for 
their  payment.  Such  last  named  resolution  or  ordinance  shall 
be  published  as  hereinafter  prescribed.  Such  City  Council  or 
legislative  body  shall  cause  to  be  published,  after  the  publica- 
tion last  named  and  prior  to  the  day  of  holding  such  special 
election,  a  notice  of  the  same,  which  notice  shall  set  forth  sub- 
stantially all  the  matters  contained  in  the  aforesaid  resolution 
or  ordinance  calling  such  special  election. 

Sec.  3.  Every  publication  hereinbefore  mentioned  or  re- 
quired shall  be  in  some  newspaper  published  in  such  city, 
town,  or  municipal  corporation;  if  in  a  daily  paper,  in  at  least 
ten  issues  thereof,  and  if  in  a  weekly  paper  in  at  least  two  issues 
thereof;  and  no  publication  shall  be  deemed  to  have  begun 
until  any  one  required  preceding  the  same  shall  have  been 
completed. 

Sec.  4.  Such  special  elections  shall  be  held  in  the  manner 
provided  by  law  for  holding  elections  in  such  city,  town,  or 
municipal  corporation. 

Sec  5.  It  shall  require  the  votes  of  two  thirds  of  all  the 
voters  voting  at  such  special  election  to  authorize  the  incurring 
of  any  indebtedness  or  the  issuance  of  any  bonds  under  this 
Act.  If  two  thirds  of  all  the  votes  cast  at  such  special  election 
be  in  favor  of  the  proposition  submitted,  the  City  Council  or 
legislative  body  may,  by  ordinance  reciting  the  result  of  said 
election,  provide  for  the  issuance  of  the  proposed  bonds  and 
any  matter  incidental  thereto. 


—  72  — 

Sec.  6.  All  municipal  bonds  issued  under  this  Act  shall  be 
of  the  kind  known  as  serials,  and  of  such  denominations  as 
the  City  Council  or  legislative  body  may  determine;  provided, 
that  no  bond  shall  be  for  less  than  one  hundred  dollars  nor 
for  more  than  one  thousand  dollars,  and  that  not  less  than  one 
fortieth  part  of  the  whole  indebtedness  evidenced  by  the  whole 
of  the  issue  of  such  bonds  shall  be,  by  the  terms  of  such  bondsr 
made  payable  each  and  every  year.  Each  bond  shall  be  made 
payable  either  in  gold  coin  or  other  lawful  money  of  the  United 
States  as  may  be  expressed  in  such  bond,  on  a  day  and  at 
a  place  designated  therein,  with  interest  at  the  rate  specified 
therein,  which  rate  shall  not  exceed  seven  per  cent  per 
annum,  to  be  fixed  by  such  City  Council  or  legislative 
body.  Said  place  of  payment  shall  be  either  at  the  office  of 
the  Treasurer  of  the  municipality,  or  at  some  designated  bank 
in  San  Francisco,  Chicago,  or  New  York.  Said  bonds  shall 
be  executed  on  the  part  of  such  municipality  by  the  Mayor  or 
other  executive  thereof,  and  by  the  Treasurer  thereof,  and 
countersigned  by  the  Clerk  of  the  municipality.  The  interest 
coupons  shall  be  numbered  consecutively  and  signed  by  the 
Treasurer. 

Sec.  7.  Any  of  such  bonds  may  be  issued  by  the  City  Coun- 
cil or  legislative  body  of  such  city,  town,  or  municipal  corpo- 
ration, and  by  the  same  sold,  at  not  less  than  their  face  value; 
and  the  proceeds  of  such  sale  shall  be  deposited  in  the 
municipal  treasury  to  the  credit  of  a  designated  fund  and 
be  applied  exclusively  to  the  purposes  and  objects  for  which, 
as  aforesaid,  the  electors  have  voted  to  incur  indebtedness 
or  liability,  until  such  purposes  and  objects  shall  have  been 
accomplished,  after  which,  the  surplus,  if  any,  may  be  trans- 
ferred to  the  General  Fund  of  the  municipality. 

Sec  8.  Such  City  Council  or  legislative  body  shall,  at  the 
time  of  fixing  the  general  tax  lexy,  and  in  the  manner  for  such 
general  tax  levy  provided,  levy  and  collect  annually,  each  year, 
for  the  term  of  forty  years,  a  tax  sufficient  to  pay  the  annual 
interest  on  such  bonds  and  also  one  fortieth  part  of  the  aggre- 
gate amount  of  such  indebtedness  so  incurred.  The  taxes 
herein  required  to  be  levied  and  collected  shall  be  in  addition 
to  all  other  taxes  levied  for  municipal  purposes,  and  shall  be 
collected  at  the  same  time  and  in  the  same  manner  as  other 
municipal  taxes  are  collected. 

Sec  9.  The  City  Council  or  legislative  body  of  every  city, 
town,  or  municipal  corporation  wherein  or  for  which  any  public 
works  or  improvements  are  being  had  or  constructed  for  the 
purposes  hereinbefore  specified,  and  for  which  indebtedness  has 
been  incurred  under  the  provisions  of  this  Act,  shall  have 
power  to  make  all  needful  rules  and  regulations  for  acquisition, 
construction,  and  completion  of  such  works  and  improve- 
ments; to  appoint  all  needful  agents,  superintendents,  and 
engineers  to  supervise  and  construct  the  same,  and  shall  have 
power  in  all  lawful  ways  to  protect  and  preserve  the  rights  and 
interests  of  the  municipality  in  respect  thereof. 


—  73  — 

Sec.  10.  All  contracts  as  to  said  works  and  improvements 
shall  be  let,  in  such  parcels  as  the  City  Council  or  legislative 
body  may  determine,  to  the  lowest  responsible  bidder,  after 
notice  given  for  at  least  ten  days  by  publication  in  one  or  more 
newspapers  published  in  the  municipality,  inviting  sealed  pro- 
posals. Security  or  bonds  may  be  required  in  order  to  guar- 
antee  good  faith  in  bidding  and  in  the  performance  of  contracts, 
or  either,  in  such  amount  as  such  Council  or  legislative  body 
may  determine,  and  such  Council  or  legislative  body  may  reject 
any  or  all  bids. 

Sec.  11.  The  City  Council  or  legislative  body  of  the  munic- 
ipality may,  by  resolution,  if  it  deem  the  same  necessary,  require 
the  Treasurer  of  the  municipality  to  give  additional  bonds  for 
the  safe  custody  and  care  of  public  funds  derived  under  this 
Act. 

Sec.  12.  The  provisions  of  this  Act  are  intended  to  be  para- 
mount and  controlling  as  to  all  matters  provided  for  therein 
and  as  to  all  questions  arising  in  or  out  of  procedure  thereunder. 

Sec  13.  This  Act  shall  take  effect  from  and  after  the  time 
of  its  passage. 


CHAPTER  CVII. 

An  Act  authorizing  the  Judges  of  the  Superior  Court  in  all 
counties,  and  cities  and  counties,  having  a  population  of  two 
hundred  thousand  inhabitants  and  over,  to  appoint  a  Secretary. 

[Approved  March  26,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  In  all  counties,  and  cities  and  counties,  having 
a  population  of  two  hundred  thousand  inhabitants  and  over, 
the  Judges  of  the  Superior  Court  in  such  counties,  and  cities 
and  counties,  mav  appoint  a  Secretary,  who  shall  receive  a 
salary  of  one  hundred"  and  fifty  ($150)  dollars  per  month,  and 
hold  office  at  their  pleasure,  and  shall  perform  such  duties  as 
may  be  required  of  him  by  the  Court  or  the  Judges  thereof. 
Said  salary  shall  be  audited,  allowed,  and  paid  out  of  the  Gen- 
eral Fund  of  such  counties,  and  cities  and  counties. 

Sec  2.     This  Act  shall  take  effect  from  and  after  its  passage. 


—  74  — 


CHAPTER  CVIII. 

An  Act  to  amend  section  seven  hundred  and  twenty-six  of  the 
Code  of  Civil  Procedure,  to  provide  for  the  making  of  deeds 
on  foreclosure  of  mortgages. 

[Approved  March  26,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Section  seven  hundred  and  twenty-six  of  the 
Code  of  Civil  Procedure  is  amended  to  read  as  follows: 

726.  There  can  be  but  one  action  for  the  recovery  of  any 
debt,  or  the  enforcement  of  any  right  secured  by  mortgage  upon 
real  estate  or  personal  property,  which  action  must  be  in  ac- 
cordance with  the  provisions  of  this  chapter.  In  such  action  the 
Court  may,  by  its  judgment,  direct  a  sale  of  the  incumbered 
property  (or  so  much  thereof  as  may  be  necessary),  and  the 
application  of  the  proceeds  of  the  sale  to  the  payment  of  the 
costs  of  Court,  and  the  expenses  of  the  sale,  and  the  amount 
due  plaintiff.  The  Court  may,  by  its  judgment,  or  at  any 
time  after  judgment,  appoint  a  commissioner  to  sell  the  in- 
cumbered property.  If  it  appear  from  the  Sheriff's  return,  or 
from  the  commissioner's  report,  that  the  proceeds  are  insuffi- 
cient, and  a  balance  still  remains  due,  judgment  can  then  be 
docketed  for  such  balance  against  the  defendant  or  defendants 
personally  liable  for  the  debt,  and  it  becomes  a  lien  on  the  real 
estate  of  such  judgment  debtor,  as  in  other  cases  on  which 
execution  may  be  issued.  No  person  holding  a  conveyance 
from  or  under  the  mortgagor  of  the  property  mortgaged,  or 
having  a  lien  thereon,  which  conveyance  or  lien  does  not  appear 
of  record  in  the  proper  office  at  the  time  of  the  commence- 
ment of  the  action,  need  be  made  a  party  to  such  action,  and 
the  judgment  therein  rendered,  and  the  proceedings  therein 
had,  are  as  conclusive  against  the  party  holding  such  unre- 
corded conveyance  or  lien  as  if  he  had  been  a  party  to  the 
action.  If  the  Court  appoint  a  commissioner  for  the  sale  of 
the  property,  he  shall  sell  it  in  the  manner  provided  by  law 
for  the  sale  of  like  property  by  the  Sheriff  upon  execution;  and 
the  provisions  of  chapter  one,  title  nine,  part  two,  of  the  Code 
of  Civil  Procedure,  are  hereby  made  applicable  to  sales  made 
by  such  commissioners,  and  the  powers  therein  given  and  the 
duties  therein  imposed  on  Sheriffs  are  extended  to  such  com- 
missioners. In  the  event  of  the  death,  or  absence  from  the 
State,  or  other  disability  or  disqualification  of  the  commis- 
sioner so  appointed  to  sell  incumbered  property,  the  Court  may, 
after  the  time  for  redemption  has  expired,  appoint  an  elisor  to 
make  the  deed  or  deeds  due  to  the  purchaser  or  purchasers,  or 
his  or  their  assigns,  of  the  property  so  sold  by  said  commis- 
sioner. 

Sec.  2.  This  Act  shall  be  in  force  and  take  effect  imme- 
diately from  and  after  its  passage. 


—  75  — 


CHAPTER*  CIX. 

An  Act  to  amend  an  Act  entitled  "An  Act  to  form  agricultural 
districts,  to  provide  for  the  formation  of  agricultural  associa- 
tions therein,  and  for  the  management  and  control  of  the  same 
by  the  State,  and  to  repeal  so  much  of  an  Act  entitled  lAn  Act 
to  form  agricultural  districts,  to  provide  for  the  formation  of 
agricultural  associations  therein,  and  for  the  management  and 
control  of  the  same  by  the  State/  approved  March  20,  1891, 
by  amending  sections  one,  eleven,  and  twelve,"  approved  March 
28,  1893,  by  amending  section  one  thereof. 

[Approved  March  26,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Section  one  of  said  Act  is  hereby  amended  to 
read  as  follows: 

Section  1.  The  several  counties  of  this  State  are  divided  and 
classified  into  agricultural  districts,  and  numbered  as  follows, 
to  wit: 

The  counties  of  San  Francisco  and  Alameda  shall  constitute 
Agricultural  District  Number  One. 

The  county  of  San  Joaquin  shall  constitute  Agricultural  Dis- 
trict Number  Two. 

The  county  of  Butte  shall  constitute  Agricultural  District 
Number  Three. 

The  counties  of  Sonoma  and  Marin  shall  constitute  Agricult- 
ural District  Number  Four. 

The  counties  of  San  Mateo  and  Santa  Clara  shall  constitute 
Agricultural  District  Number  Five. 

The  county  of  Los  Angeles  shall  constitute  Agricultural 
District  Number  Six. 

The  county  of  Monterey  shall  constitute  Agricultural  District 
Number  Seven. 

The  county  of  El  Dorado  shall  constitute  Agricultural  District 
Number  Eight. 

The  county  of  Humboldt  shall  constitute  Agricultural  District 
Number  Nine. 

The  counties  of  Siskiyou  and  Trinity  shall  constitute  Agri- 
cultural District  Number  Ten. 

The  county  of  Plumas  shall  constitute  Agricultural  District 
Number  Eleven. 

The  counties  of  Lake  and  Mendocino  shall  constitute  Agri- 
cultural District  Number  Twelve. 

The  counties  of  Sutter  and  Yuba  shall  constitute  Agricultural 
District  Number  Thirteen. 

The  county  of  Santa  Cruz,  save  and  except  the  part  thereof 
southeast  of  the  line  beginning  at  a  point  where  the  Aptos  Creek 
empties  into  the  bay  of  Monterey,  and  extending  directly  north- 
east to  the  boundary  line  of  Santa  Clara  County,  shall  consti- 
tute Agricultural  District  Number  Fourteen. 


—  76  — 

The  county  of  Kern  shall  constitute  Agricultural  District 
Number  Fifteen. 

The  county  of  San  Luis  Obispo  shall  constitute  Agricultural 
District  Number  Sixteen. 

The  county  of  Nevada  shall  constitute  Agricultural  District 
Number  Seventeen. 

The  counties  of  Mono,  Inyo,  and  Alpine  shall  constitute  Agri- 
cultural District  Number  Eighteen. 

All  that  portion  of  Santa  Barbara  County  lying  east  of  the 
Gaviota  and  south  of  the  Santa  Ynez  Mountains  shall  consti- 
tute Agricultural  District  Number  Nineteen. 

The  county  of  Placer  shall  constitute  Agricultural  District 
Number  Twenty. 

The  county  of  Fresno  shall  constitute  Agricultural  District- 
Number  Twenty-one. 

The  county  of  San  Diego  shall  constitute  Agricultural  District 
Number  Twenty-two. 

The  county  of  Contra  Costa  shall  constitute  Agricultural  Dis- 
trict Number  Twenty-three. 

All  that  part  of  Santa  Cruz  County  southeast  of  a  line  begin- 
ning at  a  point  where  the  Aptos  Creek  empties  into  the  bay  of 
Monterey,  and  extending  in  a  direct  line  northeast  to  the  bound- 
ary line  of  Santa  Clara  County,  shall  constitute  Agricultural 
District  Number  Twenty-four. 

The  county  of  Napa  shall  constitute  Agricultural  District 
Number  Twenty-five. 

The  counties  of  Sacramento  and  Amador  shall  constitute 
Agricultural  District  Number  Twenty-six. 

The  county  of  Shasta  shall  constitute  Agricultural  District 
Number  Twenty-seven. 

The  county  of  San  Bernardino  shall  constitute  Agricultural 
District  Number  Twenty-eight. 

The  county  of  Tuolumne  shall  constitute  Agricultural  District 
Number  Twenty-nine. 

The  county  of  Tehama  shall  constitute  Agricultural  District 
Number  Thirty. 

The  county  of  Ventura  shall  constitute  Agricultural  District 
Number  Thirty-one. 

The  county  of  Orange  shall  constitute  Agricultural  District 
Number  Thirty-two. 

The  county  of  San  Benito  shall  constitute  Agricultural  District 
Number  Thirty-three. 

The  county  of  Lassen  shall  constitute  Agricultural  District 
Number  Thirty-four. 

The  counties  of  Merced  and  Mariposa  shall  constitute  Agricult- 
ural District  Number  Thirty-five. 

The  county  of  Solano  shall  constitute  Agricultural  District 
Number  Thirty-six. 

All  that  portion  of  Santa  Barbara  County  not  included  in 
Agricultural  District  Number  Nineteen  shall  constitute  Agri- 
cultural District  Number  Thirty-seven. 

The  county  of  Stanislaus  shall  constitute  Agricultural  District 
Number  Thirty-eight. 


—  77  — 

The  county  of  Calaveras  shall  constitute  Agricultural  District 
Number  Thirty-nine. 

The  counties  of  Yolo  and  Colusa  shall  constitute  Agricultural 
District  Number  Forty. 

The  county  of  Del  Norte  shall  constitute  Agricultural  District 
Number  Forty-one. 

The  county  of  Glenn  shall  constitute  Agricultural  District 
Number  Forty-two. 

The  county  of  Tulare  shall  constitute  Agricultural  District 
Number  Forty-three. 

The  county  of  Modoc  shall  constitute  Agricultural  District 
Number  Forty-four. 

The  county  of  Sierra  shall  constitute  Agricultural  District 
Number  Forty-five. 


CHAPTER  CXI. 

An  Act  to  amend  an  Act  entitled  "An  Act  creating  a  Board  of 
Commissioners  of  the  Building  and  Loan  Associations,  and 
prescribing  their  duties  and  powers,"  approved  March  23, 1893. 

[Approved  March  26,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Section  two  of  said  Act  is  amended  to  read  as 
follows: 

Section  2.  The  Commissioners  shall  each  receive  a  salary  of 
twenty-four  hundred  dollars  per  annum  and  necessary  travel- 
ing expenses,  not  to  exceed  for  the  two  Commissioners  and  their 
Secretary  the  sum  of  seven  hundred  dollars  per  annum.  Said 
Commissioners  are  hereby  authorized  to  appoint  a  Secretary, 
at  a  salary  not  to  exceed  twelve  hundred  dollars  per  annum, 
who  shall  have  power  to  examine  the  books  and  affairs  of  the 
associations,  the  same  as  the  Commissioners.  All  said  salaries 
and  traveling  expenses  shall  be  audited  by  the  State  Controller, 
and  paid  in  the  same  manner  as  the  salaries  of  other  State 
officers. 

Sec.  2.  Section  three  of  said  Act  is  amended  to  read  as 
follows : 

Section  3.  The  Commissioners  shall  have  their  office  in  San 
Francisco,  which  office  shall  be  kept  open  for  business  every 
business  day,  and  during  such  hours  as  are  commonly  observed 
by  the  banks  of  that  city  as  banking  hours.  They  shall  pro- 
cure rooms  for  their  office  at  a  monthly  rental  not  exceeding 
forty  dollars.  They  may  also  provide  fuel,  stationery,  printing, 
and*  other  necessary  conveniences  connected  with  their  office, 
not  to  exceed  an  aggregate  cost  of  four  hundred  dollars  per 
annum.  All  expenses  authorized  in  this  section  shall  be 
audited  and  paid  in  the  same  manner  as  the  salary  of  the 
Commissioners. 

Sec  3.  Section  four  of  said  Act  is  amended  to  read  as 
follows: 


—  78  — 

Section  4.  The  Commissioners,  before  entering  upon  the 
duties  of  their  office,  must  each  execute  an  official  bond  in  the 
sum  of  five  thousand  dollars,  and  take  the  oath  of  office  as  pre- 
scribed by  the  Political  Code  for  State  officers  in  general.  The 
Secretary  appointed  by  said  Commissioners  shall  execute  a  bond 
in  the  sum  of  two  thousand  dollars,  and  take  the  oath  of  office 
as  prescribed  by  said  Political  Code. 

Sec.  4.  Section  five  of  said  Act  is  amended  to  read  as 
follows : 

Section  5.  The  duties  of  the  Commissioners  of  Building  and 
Loan  Associations  shall  be  to  furnish  all  corporations  legally 
authorized  to  transact  the  business  of  a  Building  and  Loan 
Association  within  this  State  a  license  authorizing  them  to 
transact  the  business  of  a  Building  and  Loan  Association  for 
one  year  from  the  date  of  said  license;  to  receive  and  place  on 
file  in  their  office  the  annual  reports  required  to  be  made  by 
Building  and  Loan  Associations  by  this  Act;  to  supply  each 
association  with  blank  forms  and  such  statements  as  the  Com- 
missioners may  require;  to  make,  on  or  before  the  first  day  of 
October  of  each  year,  a  tabulated  report  to  the  Governor  of  this 
State,  showing  the  condition  of  all  institutions  examined  by 
them,  with  such  recommendations  as  they  may  deem  proper, 
accompanied  by  a  detailed  statement,  verified  by  oath,  of  all 
moneys  received  and  expended  by  them  since  their  last  report. 

Sec.  5.  Section  seven  of  said  Act  is  amended  to  read  as 
follows : 

Section  7.  To  facilitate  the  examinations  of  the  Com- 
missioners, as  specified  in  the  foregoing  section,  every  associa- 
tion shall  keep  a  book  of  records,  written  in  ink,  showing  the 
appraised  values  of  the  real  estate  security  held  in  connection 
with  each  loan,  and  signed  in  each  case  by  the  appraiser  or 
officer  or  committee  of  the  association  making  such  estimate 
value.  The  Commissioners  shall  have  power  to  order  a  re-valua- 
tion of  the  securities  of  any  Building  and  Loan  Association 
when  they  deem  it  necessary,  and  may,  for  that  purpose,  appoint 
local  appraisers  at  the  expense  of  such  association,  the  total 
expense  of  such  appraisement  not  to  exceed  two  dollars  and 
fifty  cents  for  each  property  examined  and  appraised.  Each 
appraiser  shall  make  a  sworn  report  to  the  Commissioners  of 
the  appraised  values  of  all  property  examined. 

Sec  6.  Section  fifteen  of  said  Act  is  hereby  amended  to  read 
as  follows: 

Section  15.  To  meet  the  expenses  provided  by  this  Act,  every 
Building  and  Loan  Association,  or  corporation  or  association 
doing  business  on  the  building  and  loan  plan,  shall  pay,  in 
advance,  to  the  Commissioners,  its  pro  rata  amount  of  such 
expenses,  to  be  determined  by  an  assessment  levied  on  the 
shares  of  each  of  such  associations  in  force  on  the  thirty-first 
day  of  December,  eighteen  hundred  and  ninety-two,  pro  rata, 
according  to  the  par  value  of  such  shares;  and  annually  there- 
after the  said  Commissioners  shall  levy,  in  a  like  manner,  and 
collect  in  advance,  a  like  assessment  on  the  shares  of  all  such 
associations  in  force  as  per  report,  herein  provided  for,  to  be 


—  79  — 

made  to  said  Commissioners,  of  the  condition  at  the  close  of 
business  on  December  thirty-first  of  each  year;  provided,  how- 
ever, that  no  association  shall  pay  less  than  ten  dollars  per 
annum;  and  all  associations  hereafter  organized  shall  each  pay 
to  the  Commissioners  for  their  licenses  not  less  than  one  dollar 
per  month  for  the  term  expiring  December  thirty-first  succeed- 
ing, dating  from  the  time  of  application  for  license. 

Sec.  7.  Section  seventeen  of  said  Act  is  hereby  amended  to 
read  as  follows: 

Section  17.  No  association  shall  transact  business  in  this 
State  without  first  procuring  from  the  Commissioners  of  Build- 
ing and  Loan  Associations  a  certificate  of  authority  or  license 
to  do  so.  To  procure  such  authority  it  must  file  with  the  said 
Commissioners  a  certified  copy  of  its  articles  of  incorporation, 
constitution,  and  by-laws,  and  all  other  printed  rules  and  regu- 
lations relating  to  its  methods  of  conducting  business,  and  of 
all  subsequent  amendments  or  changes  thereto,  and  otherwise 
comply  with  all  requirements  of  law.  No  association,  after  the 
expiration  of  the  term  for  which  a  license  has  been  granted  to 
it  by  the  Commissioners  of  Building  and  Loan  Associations, 
shall  continue  to  transact  the  business  of  a  Building  and  Loan 
Association  without  first  procuring  from  said  Commissioners  a 
renewal  of  such  license  on  the  terms  provided  for  in  this  Act; 
and  any  corporation  violating  this  provision  shall  forfeit  the 
sum  of  ten  dollars  per  day  during  the  continuance  of  the 
offense;  and  any  violation  of  this  section  by  any  officer  of 
such  association  shall  be  a  misdemeanor.  The  Commissioners 
are  authorized  and  empowered  to  revoke  the  license  of  any 
association  under  their  supervision,  the  solvency  whereof  is 
imperiled  by  losses  or  irregularities;  and  the  Commissioners 
immediately  upon  revoking  such  license  shall  report  the  facts 
to  the  Attorney-General,  who  shall  thereupon  take  such  pro- 
ceedings as  is  provided  by  section  nine  of  this  Act. 

Sec.  8.  Section  eighteen  of  said  Act  is  hereby  amended  to 
read  as  follows: 

Section  18.  Every  Building  and  Loan  Association  doing 
business  in  this  State  shall,  once  in  every  year,  to  wit,  within 
thirty  days  after  the  expiration  of  its  annual  fiscal  term,  make 
a  report,  in  writing,  to  the  Commissioners  of  Building  and  Loan 
Associations,  verified  by  the  oath  of  its  President  and  Secre- 
tary, showing  accurately  the  financial  condition  of  such  asso- 
ciation at  the  close  of  said  term.  The  report  shall  be  in  such 
form  as  the  Commissioners  shall  prescribe,  upon  blanks  by 
them  furnished  for  that  purpose,  and  shall  specify  the  follow- 
ing particulars,  namely:  Name  of  the  corporation,  place  where 
located,  authorized  capital  stock,  amount  of  stock  paid  in,  the 
names  of  the  directors,  the  amount  of  capital  stock  held  by 
each,  the  amount  due  to  shareholders,  the  amount  and  charac- 
ter of  all  other  liabilities,  cash  on  hand,  and  the  number  and 
value  of  shares  in  each  and  every  series  of  stock  issued  by  the 
association.  All  money  received  or  disbursed  by  such  associa- 
tion shall  be  duly  accounted  for.  Any  association  failing  to  file 
the  annual  report  within  the  time  specified  herein,  shall  be  sub- 


—  80  — 

ject  to  a  penalty  of  ten  dollars  per  day  for  each  and  every  day 
such  report  shall  be  delayed  or  withheld. 

Sec.  9.  Section  twenty  of  said  Act  is  hereby  amended  to  read 
as  follows: 

Section  20.  The  name  "Building  and  Loan  Association," 
and  all  reference  to  the  same  as  "  association  "  or  "  associations," 
as  used  in  this  Act,  shall  include  all  corporations,  societies,  or 
organizations,  investment  companies,  or  associations,  whether 
organized  in  this  State  or  represented  by  agents,  doing  a  savings 
and  loan  or  investment  business,  and  which  are  not  under  the 
direct  supervision  of  the  Bank  Commissioners  or  the  Insurance 
Commissioner,  and  whether  issuing  certificates  of  stock  which 
mature  at  a  time  fixed  in  advance  or  not,  and  shall  also  include 
•any  association  or  company  which  is  based  on  the  plan  of  Build- 
ing and  Loan  Associations,  and  which  contains  features  similar 
to  such  associations;  and  said  Commissioners  are  hereby  vested 
with  the  power  of  determining  whether  such  association  or 
.associations  contain  such  features  as  are  based  on  plans  similar 
;to  those  of  Building  and  Loan  Associations,  and  whether  they 
properly  come  within  the  purview  of  this  Act. 

This  Act  shall  take  effect  from  and  after  its  passage. 


CHAPTER  CXV. 

An  Act  to  create  an  Exempt  Firemen'' s  Relief  Fund  in  the  several 
counties,  cities  and  counties,  cities,  and  towns  of  the  State,  and 
relating  to  the  enrollment,  formation  into  fire  companies,  and 
services  as  firemen  of  such  exempt  firemen. 

[Approved  March  26,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  The  Mayor,  the  Chairman  of  the  Board  of  Super- 
visors, or  other  governing  authority  of  any  city  and  county, 
city,  or  county,  or  town  of  this  State  in  which  an  incorporated 
-exempt  fire  company  exists,  is  authorized,  empowered,  and 
required,  within  thirty  days  after  this  Act  takes  effect,  or  as 
soon  thereafter  as  practicable,  and  as  often  as  shall  be  neces- 
sary, to  appoint  five  citizens,  who  are  exempt  firemen,  who  shall 
constitute  the  Board  of  Trustees  of  the  Exempt  Firemen's 
Relief  Fund,  to  provide  for  the  disbursement  of  said  fund,  and 
to  ascertain  and  determine  the  beneficiaries  thereof,  as  herein- 
after directed.  Each  Trustee  shall  hold  office  for  the  term  of 
four  years  from  his  appointment,  and  until  the  appointment 
and  qualification  of  his  successor.  All  vacancies  from  what- 
ever cause  shall  be  filled  by  the  officer  making  the  appointment. 
Each  Trustee  shall  qualify  by  taking  the  constitutional  oath  of 
office. 

Sec  2.  They  shall  organize  as  such  Board  by  choosing  one 
•of  their  number  as  President  and  one  of  their  number  as  Secre- 


—  81  — 

tary.  The  office  of  Trustee,  and  of  President  and  Secretary  of 
said  Board,  is  honorary,  and  they  shall  receive  no  salary  or 
compensation  therefor.  A  majority  of  members  of  said  Board 
shall  constitute  a  quorum  and  have  power  to  transact  busi- 
ness. The  Treasurer  of  the  county,  city  and  county,  city,  or 
town  shall  be  the  ex  officio  Treasurer  of  said  fund,  without 
extra  salary  or  compensation  therefor.  Such  Board  shall  have 
charge  of  and  administer  said  fund,  and  order  payments  there- 
from, in  pursuance  of  the  provisions  of  this  Act.  They  shall 
report  to  the  Board  of  Supervisors  or  other  governing  authority 
of  the  county,  city  and  county,  city,  or  town,  when  and  as  often 
as  required,  the  condition  of  said  fund,  and  the  receipts  and  dis- 
bursements on  account  of  the  same,  and  such  other  information 
as  may  be  demanded.  The  Board  shall  keep  a  record  and  full 
minutes  of  their  acts  and  proceedings. 

Sec.  3.  The  Board  of  Trustees  of  the  Exempt  Firemen's 
Relief  Fund  shall  enroll  every  exempt  fireman  who  has  re- 
ceived, or  may  hereafter  receive,  a  certificate  under  the  laws  of 
this  State  that  he  is  an  exempt  fireman,  and  who  is  a  resident 
of  the  county,  city  and  county,  city,  or  town,  and  who  desires 
to  avail  himself  of  the  benefits  of  this  Act,  and  to  render  the 
services  herein  mentioned.  Such  enrolled  exempt  fireman  may, 
in  cases  of  great  public  emergency,  be  assigned  to  and  shall  per- 
form such  duty  as  firemen,  under  the  direction  and  control  of 
the  chief,  or  any  of  his  assistants,  of  the  fire  department,  as  may 
be  from  time  to  time  prescribed  by  ordinance  of  such  Board  of 
Supervisors  or  such  other  governing  authority;  and  said  enrolled 
exempt  firemen  shall  be  formed  into  one  or  more  companies, 
and  in  such  manner  as  such  Board  of  Supervisors  or  such  other 
governing  authority  may  from  time  to  time  ordain;  and  such 
persons  shall  render  all  such  services  without  salary  or  com- 
pensation, but  may  receive  relief  as  provided  herein. 

Sec.  4.  The  Board  of  Supervisors  or  other  governing  author- 
ity of  any  county,  city  and  county,  city,  or  town,  in  which 
such  incorporated  exempt  fire  company  exists,  shall,  for  the 
purposes  of  said  fund,  annually  set  apart  from  the  General 
Fund  in  the  treasury  of  the  county,  city  and  county,  city,  or 
town,  or  from  any  other  fund  therein  which  is  not  devoted 
exclusively  to  some  other  purpose,  and  direct  the  payment 
annually  into  said  fund  of  a  sum  of  money  not  exceeding 
twelve  thousand  dollars;  and  in  case  a  sum  less  than  twelve 
thousand  dollars  should  in  any  instance  be  directed  to  be  paid 
into  said  fund,  said  Board  or  other  governing  body  may  from 
time  to  time  so  set  apart  and  direct  the  payment  into  said  fund 
of  sums  of  money;  provided,  the  aggregate  of  sums  paid  into 
said  fund  shall  not  exceed  twelve  thousand  dollars  a  year. 
Moneys  so  set  apart  cannot  be  diverted  thereafter  from  said 
fund  by  the  Board  of  Supervisors  or  other  governing  authority. 

Sec  5.  Said  Exempt  Firemen's  Relief  Fund  shall  be  ap- 
plied to  the  relief  of  such  enrolled  exempt  firemen  who,  after 
their  enrollment  as  herein  provided,  shall  become  disabled 
from  injury,  sickness,  or  the  infirmities  of  age  to  earn  a  liveli- 
hood, and  said  Board  shall  grant  relief  from  time  to  time  to 
6 


—  82  — 

such  enrolled  member  during  the  disability  as  it  deems  just. 
The  decision  or  judgment  of  said  Board  as  to  the  fact  of  ability 
or  disability,  or  its  duration,  or  the  amount  of  relief  at  any 
time  to  be  granted,  shall  be  binding  and  final  as  against  the 
claimant  of  relief.  Said  fund  shall  be  used  for  such  purposes, 
and  to  pay  the  necessary  expenses  of  stationery  for  said  Board, 
and  for  no  other  purpose.  The  relief  granted  shall  not  exceed 
twenty-five  dollars  per  month  to  each  enrolled  member  so  dis- 
abled. 

Sec.  6.  Such  Board  of  Trustees  is  authorized  to  allow  and 
issue  orders  or  warrants,  signed  by  the  President  and  Secretary, 
for  payment  of  moneys  out  of  said  Exempt  Firemen's  Relief 
Fund,  for  any  of  the  purposes  herein  stated;  and  the  auditing 
officer  of  the  county,  city  and  county,  city,  or  town  is  authorized 
and  required  to  audit,  and  the  Treasurer  thereof  to  pay  out  of 
said  fund,  any  and  all  orders  or  warrants  so  allowed  and  issued 
by  said  Board;  provided,  that  the  aggregate  of  said  orders  shall 
not  exceed  the  sum  of  twelve  thousand  dollars  per  annum. 

Sec.  7.  This  Act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 


CHAPTER  CXVII. 

An  Act  to  amend  section  five  hundred  and  thirty-nine  of  the 
Political  Code  of  the  State  of  California,  relative  to  the  engross- 
ment and  enrollment  of  bills  and  other  documents,  approved 
March  SI,  1891. 

[Approved  March  26,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Section  five  hundred  and  thirty-nine  of  the 
Political  Code  is  hereby  amended  to  read  as  follows: 

539.  All  bills  and  other  documents  ordered  engrossed  by 
either  house  of  the  Legislature  shall  be  delivered  by  the  Secre- 
tary of  the  Senate  or  Chief  Clerk  of  the  House,  as  the  case  may 
be,  to  the  Engrossing  Clerk  of  the  house  ordering  the  engross- 
ment, who  shall  deliver  such  bills  or  other  documents,  without 
delay,  in  the  order  of  their  receipt,  to  the  State  Printer,  who 
shall  receipt  for  the  same,  and  without  delay  engross  (print)  the 
same  in  the  order  so  received  by  him,  and  deliver  such  engrossed 
bill  or  other  documents,  with  the  original  thereof,  to  the 
Engrossing  Clerk  from  whom  he  receives  the  same,  who  shall 
carefully  compare  the  engrossed  copy  with  the  original,  and,  if 
correctly  engrossed,  report  the  same  back,  with  the  original,  to 
the  Engrossing  Committee  of  the  house  from  which  he  received 
it.  All  bills  and  other  documents  that  have  been  printed  shall 
be  considered  engrossed,  if  no  amendments  have  been  made 
after  being  printed,  but  the  original  bill  or  document  shall  be 
delivered  to  the  Engrossing  Clerk  of  the  respective  houses 
where  same  originated,  and  he  shall  compare  the  original 
bill,  or  other  document  with  the  printed  bill  or  other  document, 


—  83  — 

and  forthwith  deliver  them  to  the  Committee  on  Engrossment 
for  return  to  the  house  in  the  same  manner  as  engrossed  bills. 
Such  bills  or  other  documents  shall  have  a  separate  order  of 
comparison  from  the  engrossed  bills.  And  all  bills  and  other 
documents  required  to  be  enrolled  by  order  of  either  house, 
shall  be  delivered  by  the  Secretary  of  the  Senate  or  Chief 
Clerk  of  the  House,  as  the  case  may  be,  to  the  Enrolling 
Clerk  of  the  house  ordering  such  enrollment,  who  shall  deliver 
such  bills  or  other  documents,  without  delay,  in  the  order  of 
their  receipt,  to  the  State  Printer,  who  shall  receipt  for  the 
same,  and  who  shall,  without  delay,  correctly  enroll  (print) 
the  same,  in  the  order  so  received  by  him,  and  when  enrolled 
he  shall  deliver  such  enrolled  bills  or  other  documents,  with 
the  original  thereof,  to  the  Enrolling  Clerk  from  whom  he 
received  the  same,  who  shall  carefully  compare  such  enrolled 
copy  with  the  original,  and  if  correctly  enrolled,  he  shall  report 
the  same  back,  with  the  original,  to  the  Enrolling  Committee 
of  the  house  from  which  he  received  it. 

Sec.  2.     This  Act  shall  take  effect  immediately. 


CHAPTER  CXXII. 

An  Act  to  amend  section  six  of  an  Act  entitled  "An  Act  to 
amend  an  Act  entitled  lAn  Act  to  provide  for  Police  Courts  in 
cities  having  thirty  thousand  and  under  one  hundred  thousand 
inhabitants,  and  to  provide  for  officers  thereof,'  approved  March 
18,  1885,  l  and  to  provide  for  Clerks  of  Police  Courts  in  cities 
of  twenty-six  thousand  and  under  fifty  thousand  inhabitants,' 
approved  March  31,  1891,  ■  and  to  provide  for  Clerks  of  Police 
Courts  in  cities  having  a  population  of  more  than  thirty  thou- 
sand and  not  exceeding  one  hundred  thousand  inhabitants'  " 

[Approved  March  26,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Section  six  of  an  Act  to  amend  an  Act  entitled 
"An  Act  to  provide  for  Police  Courts  in  cities  having  thirty 
thousand  and  under  one  hundred  thousand  inhabitants,  and  to 
provide  for  officers  thereof,"  approved  March  eighteenth,  eighteen 
hundred  and  eighty-five,  "and  to  provide  for  Clerks  of  Police 
Courts  in  cities  of  twenty-six  thousand  and  under  fifty  thou- 
sand inhabitants,"  approved  March  thirty-first,  eighteen  hun- 
dred and  ninety-one,  is  hereby  amended  so  as  to  read  as  follows: 

Section  6.  The  Police  Courts  in  all  cities  having  more  than 
thirty  thousand  and  not  exceeding  one  hundred  thousand 
inhabitants,  shall  have  a  Clerk  for  each  of  the  Judges  of  said 
Courts,  who  shall  be  appointed  by  the  Judge  of  the  said  Court 
presiding  in  the  department  thereof  in  which  the  said  Clerk  is  to 
act,  who  shall  hold  office  for  the  period  of  two  years  from  the 
date  of  his  appointment.     Each  of  the  said  Clerks  shall  receive 


—  84  — 

an  annual  salary  of  one  thousand  five  hundred  dollars  a  year, 
payable  monthly  out  of  the  treasury  of  said  city,  which  salary 
shall  be  the  full  compensation  for  all  services  rendered  by  him. 
Each  of  the  said  Clerks  shall  keep  a  record  of  the  proceedings  of, 
and  issue  all  processes  ordered  by,  the  City  Justices,  or  either  of 
them,  or  by  said  Police  Court,  and  receive  and  pay  into  the 
City  Treasury  all  fines  imposed  by  said  Court.  They  shall  also 
each  month  render  to  the  City  Council  an  exact  and  detailed 
account,  upon  oath,  of  all  fines  imposed  and  collected,  and  of 
all  fines  imposed  and  uncollected,  since  their  last  reports. 
They  shall  prepare  bonds,  justify  bail  when  the  amount  has 
been  fixed  by  either  of  the  said  Justices  or  said  Court,  in  cases 
not  exceeding  one  hundred  dollars,  and  may  administer  and 
certify  oaths.  The  Clerks  shall  remain  at  the  court-rooms  of 
the  said  Court  during  the  business  hours,  and  during  such 
reasonable  times  thereafter  as  may  be  necessary  for  discharg- 
ing their  duties.  Before  receiving  their  salaries  each  or  any 
month,  each  of  them  shall  make  and  file  with  the  City  Auditor 
an  affidavit  that  he  has  deposited  with  the  City  Treasurer  all 
moneys  that  have  come  into  his  hands  belonging  to  the  city. 
Any  violation  of  this  provision  shall  be  a  misdemeanor.  Each 
of  said  Clerks  shall  give  a  bond  in  the  sum  of  five  thousand 
dollars,  with  at  least  two  sureties,  to  be  approved  by  the  Mayor, 
conditioned  for  the  faithful  discharge  of  the  duties  of  his  office. 
Sec.  2.     This  Act  shall  take  effect  from  and  after  its  passage. 


CHAPTER  CXXV. 

An  Act  to  provide  for  the  disincorporation  of  municipal  corpora- 
tions of  the  sixth  class. 

[Approved  March  26,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  A  municipal  corporation  of  the  sixth  class  may 
disincorporate  after  proceedings  had  as  required  in  this  Act. 
The  Council,  the  Board  of  Trustees,  or  other  legislative  body 
of  such  corporation  shall,  upon  receiving  a  petition  therefor, 
signed  by  not  less  than  one  fourth  of  the  qualified  electors 
thereof,  as  shown  by  the  vote  cast  at  the  last  municipal  elec- 
tion held  therein,  submit  to  the  electors  of  such  corporation  the 
question  whether  such  municipal  corporation  shall  disincor- 
porate. Such  question  shall  be  submitted  at  a  special  election 
to  be  held  for  that  purpose,  and  such  legislative  body  shall  give 
notice  thereof  by  publication  in  a  newspaper  printed  or  pub- 
lished in  such  corporation,  or  if  there  is  no  newspaper  published 
in  said  corporation,  then  in  some  newspaper  published  in  the 
county  in  which  said  corporation  is  situated,  for  a  period  of 
thirty  days  prior  to  such  election.  Said  notice  shall  state 
that  the  question  of  disincorporating  said  corporation  will  be 


—  85  — 

submitted  to  the  legal  voters  of  the  same  at  the  time  appointed 
for  such  election,  and  the  electors  shall  be  invited  thereby 
to  vote  upon  such  proposition  by  placing  upon  their  ballots 
the  cross,  as  provided  by  law,  after  the  words  "  For  Disincor- 
poration— Yes,"  or  "  For  Disincorporation — No."  Such  legisla- 
tive body  shall  also  designate  in  said  notice  the  place  or  places 
at  which  the  polls  will  be  opened  in  said  municipal  corpora- 
tion; and  shall  also  appoint  and  designate  in  such  notice  the 
names  of  the  officers  of  election.  The  vote  at  said  election  shall 
be  taken,  canvassed,  and  returned  in  the  same  manner  as  in 
other  municipal  elections.  Such  legislative  body  shall  meet  on 
the  Monday  next  succeeding  the  day  of  such  election,  and  pro- 
ceed to  canvass  the  votes  cast  thereat.  If  it  be  found  by  the 
canvass  of  said  votes  that  a  majority  of  the  votes  cast  at  said 
election  were  against  said  disincorporation,  such  legislative 
body  shall  declare  the  petition  for  disincorporation  denied;  in 
which  case  no  new  election  shall  be  held  on  the  question  of  dis- 
incorporating the  corporation  involved  in  said  petition  and 
vote  until  after  the  expiration  of  one  year  from  the  date  of  the 
election  so  held.  In  case  it  shall  appear  from  said  canvass 
that  a  majority  of  the  votes  cast  were  in  favor  of  disincorpora- 
tion, said  legislative  body  shall,  under  their  hands,  make  and 
file  in  their  office,  and  cause  to  be  entered  upon  their  record  of 
proceedings,  an  order  that  the  petition  for  such  disincorpora- 
tion be  granted,  and  declaring  that  such  corporation  be  disin- 
corporated; said  order  to  take  effect  at  the  time  hereinafter 
provided.  Said  legislative  body  shall,  in  case  said  corporation 
is  so  disincorporated,  forthwith  cause  their  Clerk,  or  other  officer 
performing  the  duties  of  Clerk,  by  an  order  entered  in  their 
minutes,  to  make  and  transmit  to  the  Secretary  of  State  and 
Board  of  Supervisors  of  the  county  in  which  said  corporation  is 
situated  a  certified  copy  and  abstract  of  the  notice  of  election 
hereinbefore  provided  for,  the  whole  number  of  electors  voting 
for  said  disincorporation,  and  the  number  of  electors  voting 
against  said  disincorporation.  Thirty  days  from  and  after  the 
holding  of  the  election,  in  case  a  majority  of  the  said  votes  were 
cast  in  favor  of  said  disincorporation,  said  municipal  corpora- 
tion shall  be  forever  disincorporated.  Said  legislative  body 
shall  forthwith,  after  ascertaining  by  said  canvass  that  said 
disincorporation  has  been  carried,  determine  the  amount  of  the 
indebtedness  of  said  municipal  corporation,  the  amount  of 
money  in  the  treasury  thereof,  and  the  amount  of  any  tax  levy 
made  by  said  corporation  unpaid  or  not  due,  and  all  other 
indebtedness  due  or  coming  due  to  said  corporation,  and  within 
thirty  days  from  the  date  of  said  election  shall  transmit  a 
certified  statement  of  said  amounts  to  the  Board  of  Supervisors 
of  the  county  in  which  said  municipal  corporation  is  situated; 
and  the  Treasurer  of  said  corporation  shall,  before  the  expiration 
of  said  thirty  days,  turn  over  to  the  Treasurer  of  said  county 
all  moneys  of  said  municipal  corporation  in  his  possession,  and 
said  County  Treasurer  shall  place  said  moneys  in  a  special  fund, 
to  be  drawn  upon  as  hereinafter  provided  for.  Upon  the  disin- 
corporation of  said  municipal  corporation,  every  public  officer 


—  86  — 

of  said  corporation  shall  immediately  turn  over  to  the  Board  of 
Supervisors  of  the  county  in  which  said  corporation  is  situated, 
all  public  property  of  every  nature  and  description  in  their 
possession;  provided,  however,  that  all  Court  records  of  the 
Recorder's  Court  of  said  municipal  corporation  shall  be  retained 
by  said  Recorder  as  Justice  of  the  Peace  of  the  township,  and 
as  such  Justice  of  the  Peace  he  shall  have  authority  to  execute 
and  complete  all  unfinished  business  standing  on  the  same. 
Nothing  contained  in  this  Act  shall  be  held  to  relieve  said 
municipal  corporation,  or  the  territory  included  within  it,  from 
any  liability  for  any  debt  contracted  by  such  municipal  corpo- 
ration prior  to  its  disincorporation.  All  warrants  for  said  in- 
debtedness shall  be  drawn  by  the  Board  of  Supervisors  of  the 
county  in  which  said  municipal  corporation  is  situated,  on  the 
fund  hereinabove  provided  for  in  the  County  Treasury.  If  at 
the  time  of  the  said  disincorporation,  a  tax  shall  have  been 
levied  by  said  municipal  corporation,  and  remains  uncollected, 
it  shall  be  the  duty  of  the  Tax  Collector  of  the  county  in  which 
said  municipal  corporation  was  situated  to  collect  said  tax  when 
due,  and  pay  the  same  into  the  County  Treasury  to  the  credit 
of  the  fund  hereinabove  provided  for.  If  at  any  time  after  the 
disincorporation  of  any  such  municipal  corporation,  it  should  be 
found  that  there  is  not  sufficient  money  in  the  Treasury  to  the 
credit  of  the  fund  hereinabove  provided  for,  with  which  to  pay 
any  indebtedness  of  said  municipal  corporation,  the  Board  of 
Supervisors  of  said  county  shall  have  the  power,  and  it  shall  be 
their  duty  to  levy,  and  there  shall  be  collected  from  the  terri- 
tory formerly  included  within  said  municipal  corporation,  a  tax 
or  taxes  sufficient  in  amount  to  pay  the  said  indebtedness,  or 
indebtednesses  of  said  municipal  corporation;  such  tax  or  taxes, 
assessment,  and  collection  shall  be  made  in  the  same  manner 
and  at  the  same  time  that  other  taxes  of  said  county  are  levied 
and  collected,  and  shall  be  an  additional  tax  upon  the  property 
included  within  said  territory  for  the  payment  of  said  debts.  If, 
after  payment  of  the  debts  of  said  municipal  corporation,  there 
shall  remain  any  surplus  in  the  hands  of  said  County  Treasurer 
to  the  credit  of  the  fund  hereinbefore  mentioned,  the  mone}>r  so 
remaining  shall  be  transferred  to  the  School  Fund  of  the  dis- 
tricts or  district  covered  by  said  municipal  corporation. 

Sec.  2.  The  Board  of  Supervisors  of  the  county  in  which 
any  such  municipal  corporation  has  been  disincorporated,  shall 
have  the  power,  and  it  shall  be  their  duty,  to  ascertain  the 
indebtedness  of  said  municipal  corporation  at  the  time  of  its 
disincorporation,  and  the  amount  of  money  in  its  treasury  and 
the  amount  due  to  it  at  the  said  time,  if  the  Board  of  Trustees 
or  other  legislative  body  of  such  corporation  shall  fail  or  refuse 
to  return  to  said  Board  of  Supervisors  the  statement  of  said 
amounts  as  hereinbefore  in  this  Act  provided.  Said  Board  of 
Supervisors  shall  make  provision  for  the  collection  of  the 
amounts  due  to  said  municipal  corporation,  and  said  county 
shall  succeed  to  and  possess  all  the  rights  of  said  municipal 
corporation  in  and  to  said  indebtedness,  and  shall  have  power 
to  sue  for  or  otherwise  collect  any  such  debts,  in  the  name  of 


—  87  — 

the  county.  All  costs  and  expense  of  ascertaining  the  facts 
hereinbefore  mentioned,  and  all  other  costs  and  expense  incurred 
by  the  Board  of  Supervisors  in  the  execution  of  the  powers  and 
duties  of  said  Board  of  Supervisors,  provided  for  in  this  Act, 
shall  be  paid  out  of  the  special  fund  in  said  County  Treasury 
hereinbefore  in  this  Act  provided  for. 

Sec.  3.     This  Act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 


CHAPTER  CXXVI. 

An  Act  to  amend  section  three  hundred  and  twenty-four  of  an 
Act  entitled  "An  Act  to  establish  a  Civil  Code"  approved 
March  21,  1872,  relating  to  the  transfer  of  shares  of  stock  of 
corporations,  and  making  the  shares  of  corporations  engaged  in 
certain  business  transferable  as  appurtenances  to  real  property. 

[Approved  March  26,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Section  three  hundred  and  twenty-four  of  an 
Act  entitled  "An  Act  to  establish  a  Civil  Code,"  approved 
March  twenty-first,  eighteen  hundred  and  seventy-two,  is 
hereby  amended  to  read  as  follows: 

324.  Whenever  the  capital  stock  of  any  corporation  is 
divided  into  shares,  and  certificates  therefor  are  issued,  such 
shares  of  stock,  except  as  hereinafter  provided,  are  personal 
property,  and  may  be  transferred  by  indorsement  by  the  signa- 
ture of  the  proprietor,  his  agent,  attorney,  or  legal  representa- 
tive, and  the  delivery  of  the  certificate;  but  such  transfer  is  not 
valid,  except  as  to  the  parties  thereto,  until  the  same  is  so 
entered  upon  the  books  of  the  corporation  as  to  show  the  names 
of  the  parties  by  whom  and  to  whom  transferred,  the  number 
of  the  certificate,  the  number  or  designation  of  the  shares,  and 
the  date  of  transfer;  provided,  however,  that  any  corporation 
organized  for,  or  engaged  in  the  business  of  selling,  distribut- 
ing, supplying,  or  delivering  water  for  irrigation  purposes  or 
for  domestic  use,  may  in  its  by-laws  provide  that  water  shall 
only  be  so  sold,  distributed,  supplied,  or  delivered  to  owners  of 
its  capital  stock,  and  that  such  stock  shall  be  appurtenant  to 
certain  lands  when  the  same  are  described  in  the  certificate 
issued  therefor;  and  when  such  certificate  shall  be  so  issued, 
and  a  certified  copy  of  such  by-law  recorded  in  the  office  of 
the  County  Recorder  in  the  county  where  such  lands  are 
situated,  the  shares  of  stock  so  located  on  any  land  shall  only 
be  transferred  with  said  lands,  and  shall  pass  as  an  appur- 
tenance thereto. 


—  88  — 


CHAPTER  CXXIX. 

An  Act  amending  sections  fifty-five,  fifty-seven,  and  sixty-eight  of 
the  Civil  Code  of  the  State  of  California,  and  repealing  section 
seventy-five  of  said  Code. 

[Approved  March  26,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Section  fifty-five  of  the  Civil  Code  of  the  State  of 
California  is  hereby  amended  to  read  as  follows: 

55.  Marriage  is  a  personal  relation  arising  out  of  a  civil 
contract,  to  which  the  consent  of  parties  capable  of  making  that 
contract  is  necessary.  Consent  alone  will  not  constitute  mar- 
riage; it  must  be  followed  by  a  solemnization  authorized  by 
this  Code. 

Sec.  2.  Section  fifty-seven  of  said  Code  is  hereby  amended 
to  read  as  follows: 

57.  Consent  to  marriage  and  solemnization  thereof  may  be 
proved  under  the  same  general  rules  of  evidence  as  facts  are 
proved  in  other  cases. 

Sec  3.  Section  sixty-eight  of  said  Code  is  hereby  amended 
to  read  as  follows: 

68.  Marriage  must  be  licensed,  solemnized,  authenticated, 
and  recorded  as  provided  in  this  article;  but  non-compliance 
with  its  provisions  by  other  than  the  parties  to  a  marriage  does 
not  invalidate  that  marriage. 

Sec  4.     Section  seventy-five  of  said  Code  is  hereby  repealed. 


CHAPTER  CXXXI. 

An  Act  relating  to  commitments  to  the  State  School  at  Whittier  and 
to  the  Preston  School  of  Industry;  fixing  the  authority  to  examine 
and  commit  to  such  schools  with  the  Superior  Court  Judges  of  the 
counties,  and  fixing  the  responsibilities  from  which  commitments 
are  made  to  the  State  for  maintenance  of  the  persons  committed 
therefrom;  providing  for  the  manner  of  payment  thereof,  and 
fixing  the  responsibility  of  the  parents  to  the  counties  from 
which  their  children  are  committed. 

[Approved  March  26,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  The  Superior  Judge  of  any  county,  and  no  other 
judicial  officer,  shall  have  power  to  examine,  discharge,  or  com- 
mit any  offender  either  to  the  Whittier  State  School  or  to  the 
Preston  School  of  Industry;  provided,  that  the  Superior  Judge 
shall  determine  whether  or  not  the  parent  or  guardian  of  any 
minor  committed  to  the  Whittier  State  School  or  to  the  Pres- 


—  89  — 

ton  School  of  Industry  is  able  to  pay  to  the  county  in  which 
the  commitment  is  made  for  the  maintenance  of  such  minor 
during  the  term  of  such  commitment;  and  when  the  Superior 
Judge  shall  determine  that  said  parent  or  guardian  has  the 
ability  to  pay  as  aforesaid  for  the  maintenance  of  such  minor 
during  the  term  of  such  confinement,  the  parent  or  parents  or 
guardian  shall  pay  into  the  treasury  of  such  county  the  sum 
of  eleven  dollars  per  month  in  advance;  and  in  case  of  the 
failure  to  pay  the  same  as  herein  provided,  it  shall  be  the  duty 
of  the  District  Attorney  of  such  county  to  proceed  to  collect 
the  amount  from  such  parent,  parents,  or  guardian  in  the  man- 
ner that  other  indebtedness  against  the  county  is  collected. 

Sec.  2.  For  each  and  every  person  hereafter  committed  to 
either  the  Whittier  State  School  or  the  Preston  School  of  Indus- 
try, the  county  from  which  the  commitment  is  made  shall  pay 
into  the  State  Treasury  the  sum  of  one  hundred  and  thirty-two 
dollars  per  annum,  and  at  that  rate  for  each  fraction  of  a  year. 

Sec.  3.  It  is  hereby  made  the  duty  of  the  Clerk  of  the 
Superior  Court  of  the  county  from  which  such  commitment  is 
made,  to  certify  to  the  County  Auditor  the  name,  age,  and  date 
of  commitment  of  each  person  committed  by  the  Superior  Judge 
thereof,  and  the  amount  due  to  the  State  from  the  county  by 
reason  of  such  commitments,  and  before  the  first  day  of  May  and 
December  of  each  and  every  year  to  file  with  the  Treasurer  of 
the  county  a  statement  of  the  number  of  commitments,  with 
the  date  thereof,  and  the  amount  due  from  the  county  by  reason 
of  such  commitments,  to  the  State  Treasurer;  and  it  is  further 
made  the  duty  of  the  County  Treasurer,  during  the  settlement 
or  at  the  time  of  the  settlement  with  the  State  during  the  month 
of  May  and  December  of  each  year,  to  pay  to  the  State  Treasurer, 
through  the  State  Controller,  the  amount  so  found  to  be  due  to 
the  State  by  reason  of  commitments  to  the  State  schools  as 
herein  provided. 

Sec.  4.  The  Superintendent  of  the  State  School  at  Whittier 
and  the  Preston  School  of  Industry  are  hereby  required  to 
transmit  to  the  State  Treasurer  a  statement  of  all  commitments 
to  their  respective  institutions,  showing  the  name  of  the  person 
committed,  the  date  of  the  commitment,  and  the  county  from 
which  the  commitment  is  made,  and  the  amount  due  to  the 
State  from  the  county  by  reason  of  such  commitments;  said 
statement  to  be  made  quarterly,  as  follows:  on  or  before  the 
first  day  of  January,  the  first  day  of  April,  the  first  day  of 
July,  and  the  first  day  of  October  of  each  year;  and  it  is  hereby 
made  the  duty  of  the  Controller  of  State  to  add  the  amounts 
due  to  the  State  from  said  counties  such  sum  as  may  be  shown 
to  be  due  by  reason  of  commitments  to  such  schools,  as  in  sec- 
tion two  of  this  Act  provided. 

Sec  5.  All  Acts  and  parts  of  Acts  in  conflict  herewith  are 
hereby  repealed. 

Sec.  6.     This  Act  shall  take  effect  immediately. 


—  90  — 


CHAPTER  CXXXIII. 

An  Act  to  amend  section  seventeen  hundred  and  thirty-nine  of  the 
Code  of  Civil  Procedure,  relating  to  the  account  with  the  County 
Clerk  as  to  the  disbursement  of  money  and  property  of  estates. 

[Approved  March  26,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Section  seventeen  hundred  and  thirty-nine  of  the 
Code  of  Civil  Procedure  is.  hereby  amended  to  read  as  follows: 

1739.  Public  Administrators  are  required  to  account, 
under  oath,  and  to  settle  and  adjust  their  accounts  relating  to 
the  care  and  disbursement  of  money  or  property  belonging  to 
estates  in  their  hands,  with  the  County  Clerks  of  their  respect- 
ive counties,  on  the  first  Monday  in  January  and  July  in  each 
year;  one  copy  of  said  account  to  be  filed  with  the  papers  in  each 
of  such  estates;  and  they  must  pay  to  the  County  Treasurer  any 
money  remaining  in  their  hands  of  an  estate  unclaimed,  as  pro- 
vided in  sections  sixteen  hundred  and  ninety-three  to  sixteen 
hundred  and  ninety-six,  both  inclusive. 

Sec  2.     This  Act  shall  take  effect  from  and  after  its  passage. 


CHAPTER  CXXXVII. 

An  Act  supplemental  to  an  Act  entitled  "An  Act  to  provide  for 
the  organization  and  government  of  irrigation  districts,  and  to 
provide  for  the  acquisition  of  water  and  other  property,  and  for 
the  distribution  of  water  thereby  for  irrigation  purposes" 
approved  March  7,  1887,  providing  for  the  destruction  of  all  or 
any  part  of  the  bonds  of  any  irrigation  district  remaining  unsold 
after  the  completion  of  their  irrigation  system. 

[Approved  March  26,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Whenever  there  remains  in  the  hands  of  the 
Board  of  Directors  of  any  irrigation  district  organized  under 
the  provisions  of  "An  Act  to  provide  for  the  organization  and 
government  of  irrigation  districts,  and  to  provide  for  the 
acquisition  of  water  and  other  property,  and  for  the  distribu- 
tion of  water  thereby  for  irrigation  purposes,"  approved  March 
seventh,  eighteen  hundred  and  eighty-seven,  after  the  comple- 
tion of  their  ditch  system,  and  the  payment  of  all  demands 
against  such  district,  any  bonds  voted  to  be  issued  by  said 
district  but  not  sold,  and  not  necessary  to  be  sold  for  raising 
funds  for  the  use  of  such  district,  the  Board  of  Directors  may 
call  a  special  election  for  the  purpose  of  voting  upon  a  propo- 
sition to  destroy  said  unsold  bonds  or  so  many  of  them  as  they 


—  91  — 

may  deem  best,  or  may  submit  such  proposition  at  any  general 
election. 

Sec.  2.  Such  election  shall  be  held  in  the  same  manner  as 
other  elections  held  under  the  provisions  of  said  Act.  A  notice 
of  such  election  shall  be  given  in  the  same  manner  as  provided 
in  section  fifteen  of  said  Act  in  relation  to  calling  special  elec- 
tions for  issuance  of  bonds.  The  notice  of  election  must  state 
the  amount  of  the  authorized  bonded  indebtedness  of  such  dis- 
trict authorized  by  the  vote  of  the  district,  the  amount  of  the 
bonds  remaining  unsold,  and  the  amount  proposed  to  be 
destroyed,  and  the  date  on  which  such  election  is  proposed  to 
be  held,  and  the  polling  places  as  fixed  by  said  Board  of  Direct- 
ors. The  ballots  to  be  cast  at  such  election  shall  contain  the 
words  "  For  destroying  bonds — Yes,"  and  "  For  destroying 
bonds — No,"  and  the  voter  must  erase  the  word  "No"  in  case 
he  favors  the  destruction  of  the  bonds,  otherwise  the  word 
"Yes." 

Sec.  3.  When  the  vote  is  canvassed  by  the  Board  of  Direct- 
ors and  entered  of  record,  if  a  majority  of  the  votes  cast  should 
be  found  to  be  in  favor  of  the  destruction  of  such  bonds,  then 
the  President  of  the  Board,  in  the  presence  of  a  majority  of  the 
members  of  the  Board,  must  destroy  the  bonds  so  voted  to  be 
destroyed;  and  the  total  amount  of  bonds  so  destroyed  and  can- 
celed shall  be  deducted  from  the  sum  authorized  to  be  issued 
by  the  electors  of  said  district,  and  no  part  thereof  shall  there- 
after be  reprinted  or  reissued. 

Sec.  4.  In  case  any  bonds  of  any  irrigation  district,  remain- 
ing unsold  after  the  completion  of  its  irrigation  system,  shall 
have  been  destroyed  in  pursuance  of  a  vote  of  a  majority  of 
the  voters  in  such  district,  at  an  election  held  substantially  in 
accordance  with  the  provisions  of  this  Act,  and  prior  to  its 
passage,  the  action  of  such  district  in  so  destroying  such  bonds 
is  hereby  ratified  and  confirmed. 

Sec  5.  This  Act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 


CHAPTER  CXXXIX. 

An  Act  providing  for  changing  the  fiscal  year  of  cities  in  this 
State  operating  under  a  charter  framed  under  section  eight, 
article  eleven,  of  the  Constitution. 

[Approved  March  26,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Any  city  or  municipal  corporation  within  this 
State,  operating  under  a  charter  framed  under  the  provisions 
of  section  eight,  article  eleven,  of  the  Constitution,  may,  by 
ordinance  adopted  by  a  majority  of  all  the  members  of  the 
Board  of  Trustees,  Common  Council,  or  other  legislative  body 
of  such  city  or  municipal  corporation,  change  the  fiscal  year  of 


—  92  — 

such  city  or  municipal  corporation  to  begin  at  any  other  time 
than  that  fixed  by  such  charter;  and  may  provide  sufficient 
revenue  to  carry  on  the  business  of  the  city  or  municipal  cor- 
poration from  the  end  of  the  previous  fiscal  year  to  the  com- 
mencement of  the  fiscal  year  thus  fixed,  by  adding  to  the  first 
tax  levy  made  for  the  new  fiscal  year  a  sufficient  amount,  in 
addition  to  the  limit  in  such  charter  provided,  that  will  raise 
enough  money  to  pay  claims  contracted  between  the  ending  of 
the  previous  fiscal  year  and  the  commencement  of  the  new  fiscal 
year.  And  may  also  provide  by  ordinance,  passed  in  the  same 
manner,  the  time  for  making  the  annual  tax  levy,  and  the  time 
at  which  the  lien  thereof  shall  attach;  and  may  change  the 
time  or  times  designated  in  such  charter  for  making  the  assess- 
ment, demand  statements  of  property,  preparing  the  assessment 
roll,  equalizing  the  assessment,  and  all  other  matters  relating 
to  the  assessment  and  collection  of  municipal  taxes. 

Sec.  2.     This  Act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 


CHAPTER  CXLIII. 

An  Act  for  the  relief  of  insolvent  debtors,  for  the  protection  of 
creditors,  and  for  the  punishment  of  fraudulent  debtors. 

[Approved  March  26,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

ARTICLE  I. 

GENERAL    SUBJECT    OP   THE   ACT. 

Section  1.  Every  insolvent  debtor  may,  upon  compliance 
with  the  provisions  of  this  Act,  be  discharged  from  his  debts 
and  liabilities.  This  Act  shall  be  known  and  may  be  cited  as 
the  Insolvent  Act  of  eighteen  hundred  and  ninety-five. 

ARTICLE  II. 

VOLUNTARY   INSOLVENCY. 

Sec  2.  An  insolvent  debtor,  owing  debts  exceeding  in 
amount  the  sum  of  three  hundred  dollars,  may  apply  by  peti- 
tion to  the  Superior  Court  of  the  county,  or  city  and  county,  in 
which  he  has  resided  for  six  months  next  preceding  the  filing 
of  his  petition,  to  be  discharged  from  his  debts  and  liabilities. 
In  his  petition  he  shall  set  forth  his  place  of  residence,  his 
inability  to  pay  all  his  debts  in  full,  his  willingness  to  sur- 
render all  his  estate  and  effects  for  the  benefit  of  his  creditors, 
and  his  desire  to  obtain  a  discharge  from  his  debts  and  liabil- 
ities, and  shall  annex  thereto  a  schedule  and  inventory,  and 
valuation,  in  compliance  with  the  provisions  of  this  Act.     The 


—  93  — 

filing  of  such  petition  shall  be  an  act  of  insolvency,  and  there- 
upon such  petitioner  shall  be  adjudged  an  insolvent  debtor. 

Sec.  3.  Said  schedule  must  contain  a  full  and  true  state- 
ment of  all  his  debts  and  liabilities,  exhibiting  to  the  best  of 
his  knowledge  and  belief  to  whom  said  debts  or  liabilities  are 
due,  the  place  of  residence  of  his  creditors,  and  the  sum  due 
each;  the  nature  of  the  indebtedness  or  demand,  whether 
founded  on  written  security,  obligation,  contract,  or  otherwise; 
the  true  cause  and  consideration  thereof,  and  the  time  and 
place  when  and  where  said  indebtedness  accrued,  and  a  state- 
ment of  any  existing  pledge,  lien,  mortgage,  judgment,  or  other 
security  for  the  payment  of  the  same;  also,  an  outline  of  the 
facts  touching  any  liability,  directly  or  indirectly,  in  the  nature 
of  any  right  of  action  against  the  insolvent  by  any  one. 

Sec  4.  Said  inventory  must  contain  an  accurate  descrip- 
tion of  all  the  estate,  both  real  and  personal,  of  the  petitioner, 
including  his  homestead,  if  any,  and  all  property  exempt  by 
law  from  execution,  and  where  the  same  is  situated,  and  all 
incumbrances  thereon;  also,  an  outline  of  the  facts  touching 
any  right  of  action  in  favor  of  the  insolvent  against  any  one. 

Sec.  5.  The  petition,  schedule,  and  inventory  must  be  veri- 
fied by  the  affidavit  of  the  petitioner,  annexed  thereto,  and 

shall  be  in  form  substantially  as  follows:  I, ,  do  solemnly 

swear  that  the  schedule  and  inventory  now  delivered  by  me 
contain  a  full,  perfect,  and  true  discovery  of  all  the  estate, 
real,  personal,  and  mixed,  goods  and  effects,  to  me  in  any 
way  belonging;  all  such  debts  as  are  to  me  owing,  or  to  any 
person  or  persons  in  trust  for  me,  and  all  securities  and 
contracts,  and  contracts  whereby  any  money  may  hereafter 
become  payable,  or  any  benefit  or  advantage  accrue  to  me  or  to 
my  use,  or  to  any  other  person  or  persons  in  trust  for  me;  that 
the  schedule  and  inventory,  respectively,  contain  a  clear  out- 
line of  the  facts  touching  any  known  right  of  action  against  me 
by  any  one,  and  an  outline  of  the  facts  touching  all  rights  of 
action  in  my  favor  against  any  one;  that  I  have  no  lands, 
money,  stock,  or  estate,  reversion,  or  expectancy,  besides  that 
set  forth  in  my  schedule  and  inventory;  that  I  have  in  no  in- 
stance created  or  acknowledged  a  debt  for  a  greater  sum  than 
I  honestly  and  truly  owe;  that  I  have  not,  directly  or  indirectly, 
sold,  or  otherwise  disposed  of,  or  concealed,  any  part  of  my 
property,  effects,  or  contracts;  that  I  have  not  in  any  way  com- 
pounded with  my  creditors  whereby  to  secure  the  same,  or  to 
receive  or  to  expect  any  profit  or  advantage  therefrom,  or  to 
defraud  or  deceive  any  creditor  to  whom  I  am  indebted  in  any 
manner.     So  help  me  God. 

Sec.  6.  Upon  receiving  and  filing  such  petition,  schedule, 
and  inventory,  the  Court  shall  make  an  order  declaring  the 
petitioner  insolvent,  and  directing  the  Sheriff  of  the  county,  or 
city  and  county,  to  take  possession  of  all  the  estate,  real  and 
personal,  of  the  debtor,  except  such  as  may  be  by  law  exempt 
from  execution,  and  of  all  his  deeds,  vouchers,  books  of  account, 
and  papers,  and  to  keep  the  same  safely  until  the  appointment 
of  an  assignee.     Said  order  shall  further  forbid  the  payment 


—  94  — 

of  any  debts  and  the  delivery  of  any  property  belonging  to 
such  debtor,  to  him,  or  for  his  use,  and  the  transfer  of  any 
property  by  him;  and  shall  further  appoint  a  time  and  place 
for  a  meeting  of  the  creditors,  to  prove  their  debts  and  choose 
an  assignee  of  the  estate,  and  shall  designate  a  newspaper  of 
general  circulation  published  in  the  county,  or  city  and  county, 
in  which  the  petition  is  filed,  if  there  be  one,  and  if  there  be 
none,  in  a  newspaper  published  nearest  to  such  county,  or  city 
and  county,  in  which  publication  of  such  order  shall  be  made. 
The  time  appointed  for  the  election  of  an  assignee  shall  not  be 
less  than  eight  nor  more  than  ten  days  from  the  date  of  the 
order  of  adjudication.  Upon  the  granting  of  said  order,  all 
proceedings  against  the  said  insolvent  shall  be  stayed.  When 
a  receiver  is  appointed  or  an  assignee  chosen,  as  provided  for  in 
this  Act,  the  Sheriff  shall  thereupon  deliver  to  such  receiver  or 
assignee,  as  the  case  may  be,  all  the  property  and  assets  of  the 
insolvent  which  have  come  into  his  possession,  and  shall  be 
allowed  and  paid  as  compensation  for  his  services  the  same 
expenses  and  fees  as  would  by  law  be  collectible  if  the  property 
had  been  levied  upon  and  safely  kept  under  attachment. 

Sec.  7.  A  copy  of  said  order  shall  immediately  be  pub- 
lished by  the  Clerk  of  said  Court,  in  the  newspaper  designated 
therein,  as  often  as  said  newspaper  is  printed  before  the  meet- 
ing of  creditors,  and  be  served  by  the  Clerk  forthwith,  by  the 
United  States  mail,  postage  prepaid,  or  personally,  on  all  cred- 
itors named  in  the  schedule.  There  shall  be  deposited,  in  ad- 
dition to  the  usual  cost  of  commencing  such  proceedings,  a  sum 
of  money  sufficient  to  defray  the  cost  of  the  publication  ordered 
by  the  Court,  and  ten  cents  for  each  copy,  to  be  mailed  to  or 
served  on  the  creditors,  which  latter  sum  is  hereby  constituted 
the  legal  fee  of  the  Clerk  for  the  mailing  or  service  required  in 
this  section. 

Sec.  8.  No  claim  shall  be  entitled  to  a  vote  for  the  elec- 
tion of  an  assignee,  unless  such  claim  shall  be  placed  on  file 
in  the  office  of  the  Clerk  of  the  Court  in  which  the  proceed- 
ings are  pending,  at  least  two  days  prior  to  the  time  appointed 
for  the  election  of  an  assignee.  All  claims  shall  be  established 
by  a  statement,  showing  the  amount  and  nature  of  the  claim, 
and  security,  if  any;  such  statement  to  be  verified  by  the 
claimant,  his  agent  or  attorney.  Any  person  interested  in 
the  estate  of  the  insolvent  may  file  exceptions  to  the  legality  or 
good  faith  of  any  claim,  by  setting  forth  specifically,  in  writing, 
his  interest  in  the  estate  and  the  grounds  of  his  objection  to  such 
claim;  such  specification  of  exceptions  to  be  verified  by  the 
affidavit  of  the  party  objecting,  his  agent  or  attorney,  setting 
out  among  other  things  that  such  exceptions  are  not  made  for 
the  purpose  of  delay,  or  otherwise  than  in  good  faith  in  the 
best  interest  of  said  estate.  Such  exceptions  to  be  filed  with 
the  Clerk  of  the  Court  at  least  one  day  before  the  time 
appointed  for  the  election  of  an  assignee;  and  such  exceptions 
shall  be  heard  and  disposed  of  by  the  Court,  on  affidavit  or 
other  evidence,  in  a  summary  manner,  before  the  election  of 
an  assignee.     But  the  decision  of  the  Court  upon  the  excep- 


—  95  — 

tions  as  to  whether  the  claimant  shall  be  entitled  to  vote  for 
an  assignee  shall  not  be  conclusive  upon  the  right  of  the  party 
to  participate  in  the  assets  of  the  insolvent,  the  enforcement 
of  such  right  being  subject  to  the  laws  of  the  State  touching 
the  establishment  of  claims  against  the  estates  of  insolvents 
in  case  of  dispute.  No  creditor,  or  claimant,  who  holds  any 
mortgage,  pledge,  or  lien  of  any  kind  whatever,  as  security  for 
the  payment  of  his  claim,  shall  be  permitted  to  vote  any  part 
of  his  secured  claim  in  the  election  of  assignee,  unless  he  shall 
first  have  the  value  of  such  security  fixed  as  provided  in  section 
forty-eight  of  this  Act,  or  surrender  to  the  Sheriff  or  receiver  of 
the  estate  of  the  insolvent,  if  any  receiver,  all  such  property 
so  mortgaged  or  pledged,  or  assign  such  lien  to  such  receiver 
or  Sheriff;  such  surrender  or  assignment  of  security  or  lien  to 
be  for  the  benefit  of  all  creditors  of  the  estate  of  the  insolvent. 
The  value  of  such  security,  if  fixed  by  the  Court,  shall  be  so 
fixed  at  least  one  day  before  the  day  appointed  for  the  election 
of  an  assignee;  in  which  event  the  claimant  may  prove  his 
demand,  as  provided  in  this  section,  for  any  unsecured  balance, 
subject  to  the  same  exceptions  as  all  other  claims. 

ARTICLE  III. 

INVOLUNTARY   INSOLVENCY. 

Sec.  9.  An  adjudication  of  insolvency  may  be  made  on 
the  petition  of  five  or  more  creditors,  residents  of  this  State, 
whose  debts  or  demands  accrued  in  this  State,  and  amount  in 
the  aggregate  to  not  less  than  five  hundred  dollars;  provided, 
that  said  creditors,  or  either  of  them,  have  not  become  creditors 
by  assignment  within  thirty  days  prior  to  the  filing  of  said 
petition.  Such  petition  must  be  filed  in  the  Superior  Court  of 
the  county,  or  city  and  county,  in  which  the  debtor  resides  or 
has  his  place  of  business,  and  must  be  verified  by  at  least 
three  of  the  petitioners,  setting  forth  that  such  person  is  about 
to  depart  from  this  State,  with  intent  to  defraud  his  creditors; 
or  being  absent  from  the  State  with  such  intent,  remains 
absent;  or  conceals  himself  to  avoid  the  service  of  legal  process; 
or  conceals,  or  is  removing,  any  of  his  property  to  avoid  its 
being  attached  or  taken  on  legal  process;  or  being  insolvent, 
has  suffered  his  property  to  remain  under  attachment,  or  legal 
process,  for  three  days;  or  has  confessed  or  offered  to  allow  judg- 
ment in  favor  of  any  creditors;  or  willfully  suffered  judgment 
to  be  taken  against  him  by  default;  or  has  suffered  or  procured 
his  property  to  be  taken  on  legal  process,  with  intent  to  give  a 
preference  to  one  or  more  of  his  creditors;  or  has  made  any 
assignment,  gift,  sale,  conveyance,  or  transfer  of  his  estate, 
property,  rights,  or  credits,  with  intent  to  delay,  defraud,  or 
hinder  his  creditors;  or  in  contemplation  of  insolvency,  has 
made  any  payment,  gift,  grant,  sale,  conveyance,  or  transfer  of 
his  estate,  property,  rights,  or  credits;  or  has  been  arrested  and 
held  in  custody  by  virtue  of  any  civil  process  of  Court  founded 
on  any  debt  or  demand,  and  such  process  remains  in  force,  and 


—  96  — 

not  discharged  by  payment,  or  otherwise,  for  a  period  of  three 
days;  or  being  a  merchant  or  tradesman,  has  stopped  or  sus- 
pended, and  not  resumed  payment  within  a  period  of  forty  days 
after  the  maturity  of  any  written  acknowledgment  of  indebted- 
ness, unless  the  party  holding  such  acknowledgment  has,  in 
writing,  waived  the  right  to  proceed  under  this  subdivision;  or 
being  a  bank  or  banker,  agent,  broker,  factor,  or  commission 
merchant,  has  failed  for  forty  days  to  pay  any  moneys  deposited 
with  or  received  by  him  in  a  fiduciary  capacity,  upon  demand 
of  payment,  excepting  savings  and  loan  banks,  or  associations 
who  loan  the  money  of  their  stockholders  and  depositors  on  real 
estate,  and  provide  in  their  by-laws  for  the  repayment  of  such 
deposits.  The  petitioners  may,  from  time  to  time,  amend  and 
correct  the  petition,  so  that  the  same  shall  conform  to  the  facts, 
by  leave  of  the  Court  before  which  the  proceedings  are  pending, 
such  amendment  or  amendments  to  relate  back  to  and  be 
received  as  if  embraced  in  the  original  petition;  but  nothing  in 
this  section  shall  be  construed  to  invalidate  any  loan  of  actual 
value,  or  the  security  therefor,  made  in  good  faith  upon  a 
security  taken  in  good  faith  on  the  occasion  of  the  making  of 
such  loan.  The  said  petition  shall  be  accompanied  by  a  bond 
with  two  sureties  in  the  penal  sum  of  at  least  five  hundred 
dollars,  conditioned  that  if  the  debtor  should  not  be  declared 
an  insolvent,  the  petitioners  will  pay  all  costs  and  damages, 
including  a  reasonable  attorney's  fee,  that  the  debtor  may  sus- 
tain by  reason  of  the  filing  of  said  petition.  The  Court  may, 
upon  motion,  direct  the  filing  of  an  additional  bond  with  differ- 
ent sureties,  when  deemed  necessary. 

Sec.  10.  Upon  the  filing  of  such  creditors'  petition,  the 
Court,  or  a  Judge  thereof,  shall  issue  an  order  requiring  such 
debtor  to  show  cause,  at  a  time  and  place  to  be  fixed  by  said 
Court,  or  Judge,  why  he  should  not  be  adjudged  an  insolvent 
debtor,  and  at  the  same  time,  or  thereafter,  upon  good  cause 
shown  therefor,  said  Court,  or  Judge,  may  make  an  order  for- 
bidding the  payment  of  any  debts  and  the  delivery  of  any 
property  belonging  to  such  debtor  to  him  or  for  his  use,  or  the 
transfer  of  any  property  by  him. 

Sec  11.  A  copy  of  said  petition,  with  a  copy  of  the  order 
to  show  cause,  shall  be  served  on  the  debtor,  in  the  same  man- 
ner as  is  provided  by  law  for  the  service  of  summons  in  civil 
actions,  but  such  service  shall  be  made  at  least  five  days  before 
the  time  fixed  for  the  hearing;  provided,  that  if,  for  any  reason, 
the  service  is  not  made,  the  order  may  be  renewed,  and  the 
time  and  place  of  hearing  changed  by  supplemental  order  of 
the  Court;  provided,  however,  that  where  the  debtor  or  debtors 
on  whom  service  is  to  be  made  reside  out  of  this  State;  or  has 
departed  from  the  State;  or  cannot,  after  due  diligence,  be  found 
within  the  State;  or  conceals  himself  to  avoid  the  service  of  the 
order  to  show  cause,  or  any  other  process  or  orders  in  the  mat- 
ter; or  is  a  foreign  corporation,  having  no  managing  or  business 
agent,  cashier,  or  secretary  within  the  State,  upon  whom  serv- 
ice can  be  made,  and  such  facts  are  shown  to  the  Court,  or  a 
Judge  thereof,  by  affidavit,  such  Court  or  Judge  thereof  shall 


—  97  — 

make  an  order  that  the  service  of  such  order,  or  other  process, 
be  made  by  publication,  in  the  same  manner,  and  with  the  same 
effect,  as  service  of  summons  by  publication  in  ordinary  civil 
actions. 

Sec.  12.  At  the  time  fixed  for  the  hearing  of  said  order  to 
show  cause,  or  such  other  time  as  it  may  be  adjourned  to,  the 
debtor  may  demur  to  the  petition  for  the  same  causes  as  is  pro- 
vided for  demurrer  in  other  cases*by  the  Code  of  Civil  Procedure. 
If  the  demurrer  be  overruled,  the  debtor  shall  have  five  days 
thereafter  in  which  to  answer  the  petition.  If  the  debtor  answer 
the  petition,  such  answer  shall  contain  a  specific  denial  of  the 
material  allegations  of  the  petition  controverted  by  him,  and 
shall  be  verified  in  the  same  manner  as  pleadings  in  civil 
actions:  and  the  issues  raised  thereon  may  be  tried  with  or 
without  a  jury,  according  to  the  practice  provided  by  law  for 
the  trial  of  civil  actions. 

Sec.  13.  If  the  respondent  shall  make  default,  or  if,  after  a 
trial,  the  issues  are  found  in  favor  of  the  petitioners,  the  Court 
shall  make  an  order  adjudging  that  said  respondent  is,  and 
was  at  the  time  of  filing  the  petition,  an  insolvent  debtor,  and 
that  the  debtor  was  guilty  of  the  acts  and  things  charged  in  the 
petition,  or  such  of  those  acts  and  charges  as  the  Court  may 
find  to  be  true;  and  shall  require  said  debtor,  within  such 
time  as  the  Court  may  designate,  not  to  exceed  three  days,  to 
file  in  Court  the  schedule  and  inventory  provided  for  in  sections 
three  and  four  of  this  Act,  duly  verified  as  required  of  a  peti- 
tioning debtor;  provided,  that  in  the  affidavit  of  the  insolvent 
touching  his  property  and  its  disposition  he  shall  not  be 
required  to  swear  that  he  has  not  made  any  fraudulent  prefer- 
ence, or  committed  any  other  act  in  conflict  with  the  provisions 
of  this  Act;  but  he  may  do  so  if  he  desires.  Said  order  shall 
further  direct  the  Sheriff  of  the  county,  or  city  and  county, 
where  the  insolvency  petition  is  filed,  or  the  receiver,  if  one  has 
been  theretofore  appointed,  to  take  possession  of  all  the  estate, 
real  and  personal,  of  the  debtor,  except  such  as  may  be  by  law 
exempt  from  execution,  and  of  all  his  deeds,  vouchers,  books 
of  account,  and  papers,  and  to  keep  the  same  safely  until  the 
appointment  of  an  assignee.  Said  order  shall  further  forbid 
the  payment  of  any  debts,  and  the  delivery  of  any  property 
belonging  to  such  debtor,  to  him,  or  for  his  use,  and  the  trans- 
fer of  any  property  by  him;  and  shall  further  appoint  a  time 
and  place  for  a  meeting  of  the  creditors,  to  prove  their  debts, 
and  choose  an  assignee  of  the  estate,  and  shall  designate  a 
newspaper  of  general  circulation  published  in  the  county,  or 
city  and  county,  in  which  the  petition  is  filed,  if  there  be  one, 
and  if  there  be  none,  in  a  newspaper  published  nearest  to  such 
county,  or  city  and  county,  in  which  publication  of  said  order 
shall  be  made.  The  time  appointed  for  the  election  of  an 
assignee  shall  not  be  less  than  eight  nor  more  than  ten  days 
from  the  date  of  the  order  of  adjudication.  Upon  granting  of 
said  order,  all  proceedings  against  the  said  insolvent  shall  be 
stayed.  When  a  receiver  is  appointed  subsequent  to  adjudi- 
cation, or  an  assignee  is  chosen  as  provided  for  in  this  Act,  the 
7 


—  98  — 

Sheriff  shall  thereupon  deliver  to  such  receiver  or  assignee,  as 
the  case  may  be,  all  the  property  and  assets  of  the  insolvent 
which  have  come  into  his  possession,  and  shall  be  allowed  and 
paid  as  compensation  for  his  services  the  same  expenses  and  fees 
as  would  by  law  be  collectible  if  the  property  had  been  levied 
upon  and  safely  kept  under  attachment. 

Sec.  14.  A  copy  of  the  order  provided  for  in  section  thirteen 
of  this  Act,  shall  immediately  be  published  by  the  Clerk  of 
said  Court  in  the  newspaper  designated  therein,  as  often  as 
such  newspaper  is  printed  before  the  meeting  of  creditors;  and 
upon  the  filing,  at  any  time  before  the  date  set  for  such  meet- 
ing, of  the  schedule  required  by  said  section  thirteen,  a  copy  of 
said  order  shall  be  served  by  the  Clerk  forthwith,  by  United 
States  mail,  postage  prepaid,  or  personally,  on  all  creditors 
named  in  said  schedule.  If  said  schedule  is  not  filed  prior  to 
the  day  fixed  for  the  election  of  an  assignee,  publication  of 
said  order  as  herein  required  shall  be  of  itself  sufficient  notice 
to  the  creditors  of  the  time  and  place  appointed  for  the  election 
of  an  assignee.  No  order  of  adjudication  upon  creditors'  peti- 
tion shall  be  entered,  unless  there  be  first  deposited,  in  addition 
to  the  usual  cost  of  commencing  said  proceedings,  a  sum  of 
money  sufficient  to  defray  the  cost  of  the  publication  ordered 
by  the  Court,  and  the  further  sum  of  five  dollars,  which  is 
hereby  constituted  the  legal  fee  of  the  Clerk  for  the  mailing  or 
service  of  notice  to  creditors  required  in  this  section. 

Sec.  15.  If,  upon  such  hearing  or  trial,  the  issues  are  found 
in  favor  of  the  respondent,  the  proceedings  shall  be  dismissed, 
and  the  respondent  shall  recover  costs  from  the  petitioning 
creditors  in  the  same  manner  as  on  the  final  judgment  in  civil 
actions. 

Sec  16.  In  all  cases  where  the  debtor  resides  out  of  this 
State,  or  has  departed  from  the  State;  or  cannot,  after  due  dili- 
gence, be  found  within  the  State;  or  conceals  himself  to  avoid 
service  of  the  order  to  show  cause,  or  any  other  preliminary 
process  or  orders  in  the  matter;  or  is  a  foreign  corporation 
having  no  managing  or  business  agent,  cashier,  or  secretary 
within  the  State  upon  whom  service  of  orders  and  process  can 
be  made,  and  it  therefore  becomes  necessary  to  obtain  service 
of  process  and  order  to  show  cause,  as  provided  in  section 
eleven  of  this  Act,  then  the  petitioning  creditors,  upon  sub- 
mitting the  affidavits  requisite  to  procure  an  order  of  publica- 
tion, and  presenting  a  bond  in  double  the  amount  of  the 
aggregate  sum  of  their  claims  against  the  debtor,  shall  be  enti- 
tled to  an  order  of  Court  directing  the  Sheriff  of  the  county, 
or  city  and  county,  in  which  the  matter  is  pending,  to  take 
into  his  custody  a  sufficient  amount  of  property  of  the  debtor  to 
satisfy  the  demands  of  the  petitioning  creditors,  and  the  costs 
of  the  proceedings.  Upon  receiving  such  order  of  the  Court  to 
take  into  custody  property  of  the  debtor,  it  shall  be  the  duty  of 
the  Sheriff  to  take  possession  of  the  property  and  effects  of  the 
debtor,  not  exempt  from  execution,  to  an  extent  sufficient  to 
cover  the  amount  provided  for,  and  to  prepare,  within  three 
days  from  the  time  of  taking  such  possession,  a  complete  inven- 


—  99  — 

tory  of  all  the  property  so  taken,  and  to  return  it  to  the  Court 
as  soon  as  completed.  The  time  for  taking  the  inventory  and 
making  return  thereof  may  be  extended  for  good  cause  shown 
to  the  Court,  or  a  Judge  thereof.  The  Sheriff  shall  also  prepare 
a  schedule  of  the  names  and  residences  of  the  creditors,  and 
the  amount  due  to  each,  from  the  books  of  the  debtor,  or  from 
such  other  papers  or  data  of  the  debtor  available  that  may 
come  to  his  possession,  and  shall  file  such  schedule,  list  of  cred- 
itors, and  inventory  with  the  Clerk  of  the  Court. 

Sec.  17.  In  all  cases  where  property  is  taken  into  the  cus- 
tody of  the  Sheriff,  as  provided  in  the  preceding  section,  if  the 
property  taken  into  custody  by  the  Sheriff  does  not  embrace  all 
the  property  and  effects  of  the  debtor  not  exempt  from  execu- 
tion, any  other  creditor  or  creditors  of  the  debtor,  upon  giving 
bond  in  double  the  amount  of  their  claims,  singly  or  jointly, 
shall  be  entitled  to  similar  orders,  and  to  like  action  by  the 
Sheriff,  until  all  claims  be  provided  for,  if  there  be  sufficient 
property  or  effects.  All  property  taken  into  custody  by  the 
Sheriff,  by  virtue  of  the  giving  of  any  such  bonds,  shall  be  held 
by  him  for  the  benefit  of  all  creditors  of  the  debtor  whose  claims 
shall  be  duly  proved,  and  as  provided  in  this  Act.  The  bonds 
provided  for  in  this  and  the  preceding  section  to  procure  the 
order  for  custody  of  the  property  and  effects  of  the  debtor,  shall 
be  conditioned  that  if,  upon  final  hearing  of  the  petition  in 
insolvency,  the  Court  shall  find  in  favor  of  the  petitioners,  such 
bonds  and  all  of  them  shall  be  void;  if  the  decision  be  in  favor 
of  the  debtor,  the  proceedings  shall  be  dismissed,  and  the  debtor, 
his  heirs,  administrators,  executors,  or  assigns,  shall  be  entitled 
to  recover  such  sum  of  money  as  shall  be  sufficient  to  cover  the 
damages  sustained  by  him,  not  to  exceed  the  amount  of  the 
respective  bonds,  in  any  Court  having  jurisdiction  of  the  subject 
and  the  parties;  provided,  that  if  either  the  petitioners  or  the 
debtor  shall  appeal  from  the  decision  of  the  Court,  upon  final 
hearing  of  the  petition  the  appellant  shall  be  required  to  give 
bond  to  the  successful  party  in  a  sum  double  the  amount  of  the 
value  of  the  property  in  controversy  and  for  the  costs  of  the 
proceedings.  Any  person  interested  in  the  estate  may  except  to 
the  sufficiency  of  the  sureties  on  such  bond  or  bonds.  When 
excepted  to,  the  petitioner's  sureties,  upon  notice  to  the  person 
excepting  of  not  less  than  two  nor  more  than  five  days,  must 
justify  before  a  Judge  or  County  Clerk  in  the  same  manner  as 
upon  bail  on  arrest;  and  upon  failure  to  justify,  or  if  others  in 
their  place  fail  to  justify,  at  the  time  and  place  appointed,  the 
Clerk  or  Judge  shall  issue  an  order  vacating  the  order  to  take 
the  property  of  the  debtor  into  the  custody  of  the  Sheriff'. 

Sec.  18.  If,  in  any  case,  proper  affidavits  and  bonds  are  pre- 
sented to  the  Court,  or  a  Judge  thereof,  asking  for  and  obtaining 
an  order  of  publication,  and  an  order  for  the  custody  of  the 
property  of  the  debtor,  as  provided  in  sections  sixteen  and 
seventeen  of  this  Act,  and  thereafter  the  petitioners  shall  make 
it  appear  satisfactorily  to  the  Court,  or  a  Judge  thereof,  that  the 
interest  of  the  parties  to  the  proceedings  will  be  subserved  by 
a  sale  thereof,  the  Court  may  order  such  property  to  be  sold, 


—  100  — 

in  the  same  manner  as  property  is  sold  under  execution,  the 
proceeds  to  be  deposited  in  the  Court,  to  abide  the  result  of  the 
proceedings. 

ARTICLE  IV. 

ASSIGNEES. 

Sec.  19.  At  a  meeting  of  the  creditors,  in  open  Court,  those 
being  entitled  to  vote,  as  provided  by  section  eight,  shall  pro- 
ceed to  the  election  of  one  assignee.  In  electing  an  assignee, 
the  opinion  of  the  majority  in  amount  of  claims  shall  prevail. 
The  Clerk  of  the  Court  shall  keep  a  minute  of  the  deliberations 
of  said  creditors,  and  of  the  election  and  appointment  of  an 
assignee,  and  enter  the  same  upon  the  records  of  the  Court. 
The  assignee  shall  file,  within  five  days,  unless  the  time  be 
extended  by  the  Court,  with  the  Clerk,  a  bond,  in  an  amount 
to  be  fixed  by  the  Court,  to  the  State  of  California,  with  two  or 
more  sufficient  sureties,  approved  by  the  Court,  and  conditioned 
for  the  faithful  performance  of  the  duties  devolving  upon  him. 
The  bond  shall  not  be  void  upon  the  first  recovery,  but  may 
be  sued  upon  from  time  to  'time  by  any  creditor  aggrieved,  in 
his  own  name,  until  the  whole  penalty  be  exhausted.  The 
sureties  on  such  bond  may  be  required  to  justify,  upon  the  appli- 
cation of  any  party  interested,  in  the  same  manner  as  bail  upon 
arrest  in  civil  cases. 

Sec.  20.  If,  on  the  day  appointed  for  the  meeting,  creditors 
do  not  attend,  or  refuse  to  elect  an  assignee;  or  if,  after  election, 
the  assignee  shall  fail  to  qualify  within  the  proper  time,  or  if  a 
vacancy  occurs  by  death  or  otherwise,  it  shall  be  lawful  for  the 
Court  to  appoint  an  assignee  and  fix  the  amount  of  his  bond. 

Sec.  21.  As  soon  as  an  assignee  is  elected  or  appointed  and 
qualified,  the  Clerk  of  the  Court  shall,  by  an  instrument  under 
his  hand  and  seal  of  the  Court,  assign  and  convey  to  the 
assignee  all  the  estate,  real  and  personal,  of  the  debtor,  with  all 
his  deeds,  books,  and  papers  relating  thereto,  and  such  assign- 
ment shall  relate  back  to  the  commencement  of  the  proceedings 
in  insolvency,  and  shall  relate  back  to  the  acts  upon  which  the 
adjudication  was  founded,  and  by  operation  of  law  shall  vest 
the  title  to  all  such  property  and  estate,  both  real  and  personal, 
in  the  assignee,  although  the  same  is  then  attached  on  mesne 
process,  as  the  property  of  the  debtor,  and  shall  dissolve  any 
attachment  made  within  one  month  next  preceding  the  com- 
mencement of  the  insolvency  proceedings.  Such  assignment 
shall  operate  to  vest  in  the  assignee  all  of  the  estate  of  the 
insolvent  debtor  not  exempt  by  law  from  execution.  Whenever 
such  assignment  shall  dissolve  an  attachment  as  herein  pro- 
vided, it  shall  also  vacate  any  judgment  made  or  entered,  and 
dissolve  and  set  aside  any  execution  levied  in  any  action  or 
proceeding  against  the  debtor  commenced  subsequently  to  the 
action  in  which  the  attachment  is  dissolved. 

Sec  22.  The  assignee  shall  have  the  right  to  recover  all  the 
estate,  debts,  and  effects  of  said  insolvent.  If,  at  the  time  of 
the  commencement  of  proceedings  in  insolvency,  an  action  is 


—  101  — . 

pending  in  the  name  of  the  debtor,  for  the  recovery  of  a  debt 
or  other  thing  which  might  or  ought  to  pass  to  the  assignee  by 
the  assignment,  the  assignee  shall  be  allowed  and  admitted  to 
prosecute  the  action,  in  like  manner  and  with  like  effect  as  if 
it  had  been  originally  commenced  by  him.  If  there  are  any 
rights  of  action  in  favor  of  the  insolvent  for  damages,  on  any 
account,  for  which  an  action  is  not  pending,  the  assignee  shall 
have  the  right  to  prosecute  the  same  with  the  same  effect  as  the 
insolvent  might  have  done  himself  if  no  proceedings  in  insolv- 
ency had  been  instituted.  If  any  action  or  proceeding  at  law, 
or  in  equity,  in  which  the  insolvent  is  defendant,  is  pending  at 
the  time  of  the  adjudication,  the  assignee  may  defend  the  same, 
in  the  same  manner  and  with  like  effect  as  it  might  have  been 
defended  by  the  insolvent.  In  suit  prosecuted  or  defended  by 
the  assignee,  a  certified  copy  of  the  assignment  made  to  him 
shall  be  conclusive  evidence  of  his  authority  to  sue  or  defend. 

Sec.  23.  The  assignee  shall,  within  one  month  after  the 
making  of  the  assignment  to  him,  cause  the  same  to  be  recorded 
in  every  county,  or  city  and  county,  within  this  State,  where 
any  lands  owned  by  the  debtor  are  situated;  and  the  record  of 
such  assignment,  or  a  duly  certified  copy  thereof,  shall  be  con- 
clusive evidence  thereof  in  all  Courts.  If  the  schedule  and 
inventory  required  by  this  Act  have  not  been  filed  by  the 
debtor,  the  assignee  shall,  within  one  month  after  his  election, 
prepare  and  file  such  schedule  and  inventory  from  the  best 
information  he  can  obtain;  and  shall  thereupon  serve  notice,  by 
United  States  mail,  postage  prepaid,  or  personally,  on  all  cred- 
itors named  in  such  schedule,  whose  claims  have  not  been  filed, 
to  forthwith  prove  their  demands. 

Sec.  24.  Any  assignee  may,  at  any  time,  by  writing  filed  in 
Court,  resign  his  appointment,  having  first  settled  his  accounts, 
and  delivered  up  all  the  estate  to  such  successor  as  the  Court 
shall  appoint;  provided,  that  if,  in  the  discretion  of  the  Court, 
the  circumstances  of  the  case  require  it,  upon  good  cause  being 
shown,  the  Court  may,  at  any  time  before  such  settlement  of 
account  and  delivery  of  the  estate  shall  have  been  completed, 
revoke  the  appointment  of  such  assignee  and  appoint  another 
in  his  stead.  The  liability  of  the  outgoing  assignee,  or  of  the 
sureties  on  his  bond,  shall  not  be  in  any  manner  discharged, 
released,  or  affected  by  such  appointment  of  another  in  his 
stead. 

Sec  25.     The  said  assignee  shall  have  power: 

1.  To  sue  in  his  own  name  and  recover  all  the  estate,  debts, 
and  things  in  action,  belonging  or  due  to  such  debtor,  and  no 
set-off  or  counter-claim  shall  be  allowed  in  any  such  suit  for 
any  debt,  unless  it  was  owing  to  such  creditor  by  such  debtor 
at  the  time  of  the  adjudication  of  insolvency. 

2.  To  take  into  his  possession  all  the  estate  of  such  debtor 
except  property  exempt  by  law  from  execution,  whether 
attached  or  delivered  to  him,  or  afterward  discovered,  and  all 
books,  vouchers,  evidence  of  indebtedness,  and  securities  belong- 
ing to  the  same. 

3.  In  case  of  a  non-resident,  absconding,  or  concealed  debtor, 


,     *   °) 


-  102  - 

to  demand  and  receive  of  every  Sheriff  who  shall  have  attached 
any  of  the  property  of  such  debtor,  or  who  shall  have  in  his 
possession  any  moneys  arising  from  the  sale  of  such  property, 
all  such  property  and  moneys,  on  paying  him  his  lawful  costs 
and  charges  for  attaching  and  keeping  the  same. 

4.  From  time  to  time  to  sell  at  public  auction  all  the  estate, 
real  and  personal,  vested  in  him  as  such  assignee,  which 
shall  come  to  his  possession  and  as  ordered  by  the  Court. 

5.  On  such  sales  to  execute  the  necessary  conveyances  and 
bills  of  sale. 

6.  To  redeem  all  valid  mortgages  and  conditional  contracts, 
and  all  valid  pledges  of  personal  property,  and  to  satisfy  any 
judgments  which  maybe  an  incumbrance  on  any  property  sold 
by  him,  or  to  sell  such  property,  subject  to  such  mortgage,  con- 
tracts, pledges,  or  judgments. 

7.  To  settle  all  matters  and  accounts  between  such  debtor 
and  his  debtors,  subject  to  the  approval  of  the  Court. 

8.  Under  the  order  of  the  Court  appointing  him,  to  com- 
pound with  any  person  indebted  to  such  debtor,  and  thereupon 
to  discharge  all  demands  against  such  person. 

9.  To  have  and  recover  from  any  person  receiving  a  con- 
veyance, gift,  transfer,  payment,  or  assignment,  made  contrary 
to  any  provision  of  this  Act,  the  property  thereby  transferred 
or  assigned;  or  in  case  a  re-delivery  of  the  property  cannot  be 
had,  to  recover  the  value  thereof,  with  damages  for  the  detention. 

Sec.  26.  The  insolvent  shall,  either  before  or  on  the  day 
appointed  for  the  meeting  of  creditors,  deliver  to  the  Court  all 
the  commercial  or  account  books  he  may  have  kept,  which 
books  shall  be  deposited  in  the  Clerk's  office  of  said  Court. 
Said  insolvent  shall  also  deliver  to  the  Court,  at  the  same  time, 
all  vouchers,  notes,  bonds,  bills,  securities,  or  other  evidences 
of  debt,  in  any  manner  relating  to  or  having  any  bearing  upon 
or  connection  with  the  property  surrendered  by  said  debtor; 
and  all  such  papers  or  securities  shall  be  deposited  in  the 
Clerk's  office  of  said  Court,  and  the  Clerk  shall  hand  them 
over,  together  with  the  books  of  the  insolvent,  to  the  assignee 
who  may  be  appointed. 

Sec  27.  If  any  person,  before  the  assignment  is  made,  hav- 
ing notice  of  the  commencement  of  proceedings  in  insolvency, 
or  having  reason  to  believe  that  insolvency  proceedings  are 
about  to  be  commenced,  embezzles  or  disposes  of  any  of  the 
moneys,  goods,  chattels,  or  effects  of  the  insolvent,  he  is  charge- 
able therewith,  and  liable  to  an  action  by  the  assignee  for 
double  the  value  of  the  property  so  embezzled  or  disposed  of, 
to  be  recovered  for  the  benefit  of  the  estate. 

Sec.  28.  The  same  penalties,  forfeitures,  and  proceedings  by 
citation,  examination,  and  commitment,  shall  apply  on  behalf 
of  an  assignee  against  persons  suspected  of  having  concealed, 
embezzled,  conveyed  away,  or  disposed  of  any  property  of  the 
debtor,  or  of  having  possession  or  knowledge  of  any  deeds,  con- 
veyances, bonds,  contracts,  or  other  writings  which  relate  to  any 
interest  of  the  debtor  in  any  real  or  personal  estate,  as  pro- 
vided in  the  case  of  estates  of  deceased  persons  in  sections  one 


—  103  — 

thousand  four  hundred  and  fifty-nine,  one  thousand  four  hun- 
dred and  sixty,  and  one  thousand  four  hundred  and  sixty-one 
of  the  Code  of  Civil  Procedure. 

Sec.  29.  The  assignee  shall  as  speedily  as  possible  convert 
the  estate,  real  and  personal,  into  money.  He  shall  keep  a 
regular  account  of  all  moneys  received  by  him  as  assignee,  to 
which  every  creditor  or  other  person  interested  therein  may, 
at, all  reasonable  times,  have  access.  No  private  sale  of  any 
property  of  the  estate  of  an  insolvent  debtor  shall  be  valid 
unless  made  under  the  order  of  the  Court,  upon  a  petition  in 
writing,  which  shall  set  forth  the  facts  showing  the  sale  to  be 
necessary.  Upon  filing  the  petition,  notice  of  at  least  ten  days 
shall  be  given  by  publication  and  mailing,  in  the  same  manner 
as  is  provided  in  section  seven  of  this  Act.  If  it  appears  that 
a  private  sale  is  for  the  best  interests  of  the  estate,  the  Court 
shall  order  it  to  be  made. 

Sec.  30.  In  all  cases  where  there  has  been  personal  service 
of  the  order  to  show  cause,  or  voluntary  appearance  after  order 
of  publication,  when  it  appears  to  the  satisfaction  of  the  Court 
that  the  estate  of  the  debtor,  or  any  part  thereof,  is  of  a  perish- 
able nature,  or  is  liable  to  deteriorate  in  value,  or  is  dispropor- 
tionately expensive  to  keep,  the  Court  may  order  the  same  to  be 
sold  in  such  manner  as  may  be  deemed  most  expedient,  under 
the  direction  of  the  Sheriff,  receiver,  or  assignee,  as  the  case  may 
be,  who  shall  hold  the  funds  received  in  place  of  the  property 
sold  until  further  order  of  the  Court. 

Sec  31.  Outstanding  debts,  or  other  property  due  or  belong- 
ing to  the  estate,  which  cannot  be  collected  and  received  by  the 
assignee  without  unreasonable  or  inconvenient  delay  or  expense, 
may  be  sold  and  assigned  in  like  manner  as  the  remainder  of 
the  estate.  If  there  are  any  rights  of  action  for  damages  in 
favor  of  the  insolvent  prior  to  the  commencement  of  the  insolv- 
ency proceedings,  the  same  may,  with  the  approval  of  the  Court, 
be  compromised. 

Sec  32.  Assignees  shall  be  allowed  all  necessary  expenses  in 
the  care,  management,  and  settlement  of  the  estate,  and  shall  be 
entitled  to  charge  and  receive  for  their  services  commissions 
upon  all  sums  of  money  coming  to  their  hands  and  accounted 
for  by  them,  as  follows:  For  the  first  thousand  dollars,  at  the 
rate  of  seven  per  cent;  for  all  above  that  sum  and  not  exceeding 
ten  thousand  dollars,  at  the  rate  of  five  per  cent;  and  for  all 
above  that  sum,  at  the  rate  of  four  per  cent;  provided,  however, 
that  if  the  person  acting  as  assignee  was  receiver  of  the  property 
of  the  estate  pending  the  election  of  an  assignee,  any  compen- 
sation allowed  him  as  such  receiver  shall  be  deducted  from  the 
compensation  to  which  he  otherwise  would  be  entitled  as  such 
assignee. 

Sec  33.  At  the  expiration  of  three  months  from  the  appoint- 
ment of  the  assignee  in  any  case,  or  as  much  earlier  as  the  Court 
may  direct,  a  time  and  place  shall  be  fixed  by  the  Court  at  which 
the  assignee  shall  exhibit  to  the  Court  and  to  the  creditors,  and 
file,  just  and  true  accounts  of  all  his  receipts  and  payments, 
verified  by  his  oath,  and  a  statement  of  the  property  outstand- 


—  104  — 

ing,  specifying  the  cause  of  its  outstanding,  also  what  debts  or 
claims  are  yet  undetermined,  and  stating  what  sum  remains 
in  his  possession,  and  shall  accompany  the  same  with  an  affi- 
davit that  notice  by  mail  has  been  given  to  all  creditors  named 
in  the  schedule  tiled  by  the  debtor  or  the  assignee  that  said 
accounts  will  be  heard  at  a  time  specified  in  such  notice,  which 
time  shall  not  be  less  than  ten  nor  more  than  fifteen  days  from 
the  filing  of  such  accounts.  At  the  hearing  the  Court  shall 
audit  the  accounts,  and  any  person  interested  may  appear  and 
file  exceptions  thereto  and  contest  the  same,  and  thereupon  the 
Court  may  order  a  dividend  paid  to  those  creditors  whose 
claims  have  been  proven  and  allowed.  Thereafter,  further 
accounts,  statements,  and  dividends  shall  be  made  in  like  man- 
ner as  often  as  occasion  requires;  provided,  however,  that  it  shall 
be  the  duty  of  the  assignee  to  file  his  final  account  within  one 
year  from  the  date  of  the  order  of  adjudication,  unless  the  Court, 
after  notice  to  creditors,  shall  grant  further  time,  upon  a  satis- 
factory showing  that  great  loss  and  waste  would  result  to  the 
estate  by  reason  of  the  conversion  of  the  property  into  money 
within  said  time,  or  that  it  has  been  impossible  to  do  so  by 
reason  of  litigation. 

Sec.  34.  The  Court  shall  at  any  time,  upon  the  motion  of 
any  two  or  more  creditors,  require  the  assignee  to  file  his  account 
in  the  manner  and  upon  giving  the  notice  specified  in  the  pre- 
ceding section;  and  if  he  has  funds  subject  to  distribution,  he 
shall  be  required  to  distribute  them  without  delay. 

Sec.  35.  All  creditors  whose  debts  are  duly  proved  and 
allowed  shall  be  entitled  to  share  in  the  property  and  estate 
pro  rata  without  priority  or  preference  whatever,  other  than  as 
provided  in  this  Act  and  in  section  one  thousand  two  hundred 
and  four  of  the  Code  of  Civil  Procedure;  provided,  that  any  debt 
proved  by  any  person  liable  as  bail,  surety,  guarantor,  or  other- 
wise, for  the  debtor,  shall  not  be  paid  to  the  person  so  proving 
the  same  until  satisfactory  evidence  shall  be  produced  of  the 
payment  of  such  debt  by  such  person  so  liable;  and  the  share 
to  which  such  debt  would  be  entitled  may  be  paid  into  Court, 
or  otherwise  held,  for  the  benefit  of  the  party  entitled  thereto, 
as  the  Court  may  direct. 

Sec  36.  Whenever  any  dividend  has  been  duly  declared, 
the  distribution  of  it  shall  not  be  stayed  or  affected  by  reason 
of  debts  being  subsequently  proved;  but  the  creditors  proving 
such  debts  shall  be  entitled  to  a  dividend  equal  to  those 
already  received  by  the  other  creditors,  before  any  further  divi- 
dend is  made  to  the  latter;  provided,  the  failure  to  prove  such 
claim  shall  not  have  resulted  from  his  own  neglect. 

Sec  37.  Should  the  assignee  refuse  or  neglect  to  render  his 
accounts  as. required  by  sections  thirty-three  and  thirty-four 
of  this  Act,  or  pay  over  a  dividend  when  he  shall  have,  in  the 
opinion  of  the  Court,  sufficient  funds  for  that  purpose,  the 
Court  shall  immediately  discharge  such  assignee  from  his  trust, 
and  shall  have  power  to  appoint  another  in  his  place.  The 
assignee  so  discharged  shall  forthwith  deliver  over  to  the 
assignee  appointed  by  the  Court  all  the  funds,  property,  books, 


—  105  — 

vouchers,  or  securities  belonging  to  the  insolvent,  without 
charging  or  retaining  any  commission  or  compensation  for  his 
personal  services. 

Sec.  38.  Preparatory  to  the  final  account  and  dividend,  the 
assignee  shall  submit  his  account  to  the  Court,  and  file  the  same, 
and  shall  at  the  time  of  filing  accompany  the  same  with  an  affi- 
davit that  a  notice  by  mail  has  been  given  to  all  creditors  who 
have  proved  their  claims,  that  he  will  apply  for  a  settlement  of 
his  account,  and  for  a  discharge  from  all  liability  as  assignee, 
at  a  time  specified  in  such  notice,  which  time  shall  not  be  less 
than  ten  nor  more  than  twenty  days  from  such  filing.  At  the 
hearing,  the  Court  shall  audit  the  account,  and  any  person 
interested  may  appear  and  file  exceptions  in  writing,  and  con- 
test the  same.  The  Court  thereupon  shall  settle  the  account, 
and  order  a  dividend  of  any  portion  of  the  estate  remaining 
undistributed,  and  shall  discharge  the  assignee,  subject  to  com- 
pliance with  the  order  of  the  Court,  from  all  liability  as  assignee 
to  any  creditor  of  the  insolvent. 

ARTICLE    V. 

PARTNERSHIPS   AND   CORPORATIONS. 

Sec  39.  Two  or  more  persons  who  are  partners  in  business, 
or  the  surviving  partner  of  any  firm,  may  be  adjudged  insolvent, 
either  on  the  petition  of  such  partners,  or  any  one  of  them,  or 
on  the  petition  of  five  or  more  creditors  of  the  partnership, 
qualified  as  provided  for  in  section  nine  of  this  Act;  in  which 
case  an  order  shall  be  issued  in  the  manner  provided  by  this 
Act,  upon  which  all  the  joint  stock  and  property  of  the  partner- 
ship, and  also  all  the  separate  estate  of  each  of  the  partners, 
shall  be  taken,  excepting  such  parts  thereof  as  may  be  exempt 
by  law;  and  all  the  creditors  of  the  company,  and  the  separate 
creditors  of  each  partner,  shall  be  allowed  to  prove  their 
respective  debts;  and  the  assignee  shall  be  chosen  by  the 
creditors  of  the  copartnership,  and  shall  also  keep  separate 
accounts  of  the  joint  stock  or  property  of  the  copartnership, 
and  the  separate  estate  of  each  member  thereof,  and  after 
deducting  out  of  the  whole  amount  received  by  such  assignee 
the  whole  amount  of  the  expenses  and  disbursements,  the  net 
proceeds  of  the  joint  stock  shall  be  appropriated  to  pay  the 
creditors  of  the  copartnership,  and  the  net  proceeds  of  the 
separate  estate  of  each  partner  shall  be  appropriated  to  pay 
his  separate  creditors;  and  if  there  shall  be  any  balance  of  the 
separate  estate  of  any  partner  after  the  payment  of  his  separate 
debts,  such  balance  shall  be  added  to  the  joint  stock  for  the 
payment  of  the  joint  creditors;  and  if  there  shall  be  any  bal- 
ance of  the  joint  stock  after  the  payment  of  the  joint  debts, 
such  balance  shall  be  divided  and  appropriated  to  and  among 
the  separate  estate  of  the  several  partners  according  to  their 
respective  right  and  interest  therein,  and  a3  it  would  have  been 
if  the  partnership  had  been  dissolved  without  any  insolvency; 
and  the  sum  so  appropriated  to  the  separate  estate  of  each 


—  106  — 

partner  shall  be  applied  to  the  payment  of  his  separate  debts, 
and  the  certificate  of  discharge  shall  be  granted  or  refused  to 
each  partner  as  the  same  would  or  ought  to  be  if  the  proceed- 
ings had  been  by  or  against  him  alone  under  this  Act;  and  in 
all  other  respects  the  proceedings  as  to  the  partners  shall  be 
conducted  in  the  like  manner  as  if  they  had  been  commenced 
and  prosecuted  by  or  against  one  person  alone.  If  such  copart- 
ners reside  in  different  counties,  the  Court  in  which  the  petition 
is  first  filed  shall  retain  exclusive  jurisdiction  over  the  case.  If 
the  petition  be  filed  by  less  than  all  the  partners  of  a  copartner- 
ship, those  partners  who  do  not  join  in  the  petition  shall  be 
ordered  to  show  cause  why  they,  as  individuals,  and  said  copart- 
nership, should  not  be  adjudged  to  be  insolvent,  in  the  same 
manner  as  other  debtors  are  required  to  show  cause  upon  a 
creditors'  petition,  as  in  this  Act  provided;  and  no  order  of 
adjudication  shall  be  made  in  said  proceedings  until  after  the 
hearing  of  said  order  to  show  cause;  provided,  that  in  case  of 
proceedings  by  or  against  surviving  partners,  as  such,  only  the 
partnership  interest  of  deceased  partners  shall  be  subject  to  the 
control  of  the  Court  in  the  insolvency  proceeding;  but  the 
surviving  partner,  assignee,  or  creditors  may  pursue  the  property 
of  the  deceased  partners  in  the  Court  having  jurisdiction  thereof 
in  probate  proceedings. 

Sec.  40.  The  provisions  of  this  Act  shall  apply  to  corpora- 
tions, and  upon  the  petition  of  any  officer  of  any  corporation, 
duly  authorized  by  the  vote  of  the  Board  of  Directors  or  Trus- 
tees, at  a  meeting  specially  called  for  that  purpose,  or  by  the 
assent  in  writing  of  a  majority  of  the  Directors  or  Trustees,  as 
the  case  may  be,  or  upon  a  creditors'  petition  made  and  pre- 
sented in  the  manner  provided  in  respect  to  debtors,  the  like 
proceedings  shall  be  had  and  taken  as  are  provided  in  the  case 
of  debtors.  All  the  provisions  of  the  Act  which  apply  to  the 
debtor,  or  set  forth  his  duties,  examination,  and  liabilities,  or 
prescribe  penalties,  or  relate  to  fraudulent  conveyances,  pay- 
ments, and  assignments,  apply  to  each  and  every  officer  of  any 
corporation  in  relation  to  the  same  matters  concerning  the  cor- 
poration. Whenever  any  corporation  is  declared  insolvent,  all 
its  property  and  assets  shall  be  distributed  to  the  creditors; 
but  no  discharge  shall  be  granted  to  any  corporation. 

ARTICLE  VI. 

PROOF  OF  DEBTS. 

Sec.  41.  All  debts  due  and  payable  from  the  debtor  at  the 
time  of  the  adjudication  of  insolvency,  and  all  debts  then  exist- 
ing but  not  payable  until  a  future  time,  a  rebate  of  interest 
being  made  when  no  interest  is  payable  by  the  terms  of  the 
contract,  may  be  proved  against  the  estate  of  the  debtor. 

Sec  42.  All  demands  against  the  debtor  for  or  on  account 
of  any  goods  or  chattels  wrongfully  taken,  converted,  or  with- 
held by  him,  may  be  proved  and  allowed  as  debts  to  the 
amount  of  the  value  of  the  property  so  withheld,  from  the 


—  107  — 

time  of  the  conversion;  provided,  however,  that  if  the  assignee, 
or,  any  creditor  whose  claim  has  been  proven  against  the  estate, 
shall  request  it  in  writing,  the  Court  shall  require  the  matter 
of  such  claim  for  damages  to  be  tried  as  an  ordinary  action  at 
law,  to  determine  the  liability  of  the  debtor  for  such  damages. 

Sec.  43.  If  the  debtor  shall  be  bound  as  indorser,  surety, 
bail,  or  guarantor,  upon  any  bill,  bond,  note,  or  other  specialty 
or  contract,  or  for  any  debt  of  any  person,  and  his  liability 
shall  not  have  become  absolute  until  the  adjudication  of  insolv- 
ency, the  creditor  may  prove  the  same  after  such  liability 
shall  have  become  fixed,  and  before  the  final  dividend  shall 
have  been  declared. 

Sec.  44.  In  all  cases  of  contingent  debts,  and  contingent 
liabilities  contracted  by  the  debtor,  and  not  herein  otherwise 
provided  for,  the  creditor  may  make  claim  therefor  and  have 
his  claim  allowed,  with  the  right  to  share  in  the  dividends,  if 
the  contingency  shall  happen  before  the  order  of  the  final 
dividend;  or  he  may,  at  any  time,  apply  to  the  Court  to  have 
the  present  value  of  the  debt  or  liability  ascertained  and  liqui- 
dated, which  shall  be  done  in  such  manner  as  the  Court  shall 
order,  and  shall  be  allowed  to  prove  for  the  amount  so  ascer- 
tained. 

Sec  45.  Any  person  liable  as  bail,  surety,  or  guarantor,  or 
otherwise,  for  the  debtor,  who  shall  have  paid  the  debt,  or  any 
part  thereof,  in  discharge  of  the  whole,  shall  be  entitled  to 
prove  such  debt,  or  to  stand  in  the  place  of  the  creditor,  if  he 
shall  have  proved  the  same,  although  such  payments  shall  have 
been  made  after  the  proceedings  in  insolvency  were  commenced; 
and  any  person  so  liable  for  the  debtor,  and  who  has  not  paid 
the  whole  of  said  debt,  but  is  still  liable  for  the  same,  or  any 
part  thereof,  may,  if  the  creditor  shall  fail  or  omit  to  prove  such 
debt,  prove  the  same  in  the  name  of  the  creditor. 

Sec.  46.  Where  the  debtor  is  liable  to  pay  rent,  or  other 
debt  falling  due  at  fixed  and  stated  periods,  the  creditor  may 
prove  for  a  proportionate  part  thereof  up  to  the  time  of  the 
insolvency,  as  if  the  same  became  due  from  day  to  day,  and 
not  at  such  fixed  and  stated  periods. 

Sec  47.  In  all  cases  of  mutual  debts  and  mutual  credits 
between  the  parties,  the  account  between  them  shall  be  stated, 
and  one  debt  set  off  against  the  other,  and  the  balance  only 
shall  be  allowed  and  paid.  But  no  set-off  or  counter-claim 
shall  be  allowed  of  a  claim  in  its  nature  not  provable  against 
the  estate;  provided,  that  no  set-off  or  counter-claim  shall  be 
allowed  in  favor  of  any  debtor  to  the  insolvent  of  a  claim  pur- 
chased by  or  transferred  to  him  after  the  filing  of  the  petition 
by  or  against  him. 

Sec  48.  When  a  creditor  has  a  mortgage,  or  pledge  of  real 
or  personal  property  of  the  debtor,  or  a  lien  thereon,  for  secur- 
ing the  payment  of  a  debt  owing  to  him  from  the  debtor,  he 
shall  be  admitted  as  a  creditor  only  for  the  balance  of  the  debt, 
after  deducting  the  value  of  such  property,  to  be  ascertained  by 
agreement  between  him  and  the  receiver,  if  any,  and  if  no 
receiver,  then  upon  such  sum  as  the  Court,  or  a  Judge  thereof. 


—  108  — 

may  decide  to  be  fair  and  reasonable,  before  the  election  of  an 
assignee,  or  by  a  sale  thereof,  to  be  made  in  such  manner  as  the 
Court,  or  Judge  thereof,  shall  direct;  or  the  creditor  may  release 
or  convey  his  claim  to  the  receiver,  if  any,  or  if  no  receiver  then 
to  the  Sheriff,  before  the  election  of  an  assignee,  or  to  the  assignee 
if  an  assignee  has  been  elected,  upon  such  property,  and  be  ad- 
mitted to  prove  his  whole  debt.  If  the  value  of  the  property 
exceeds  the  sum  for  which  it  is  so  held  as  security,  the  assignee 
may  release  to  the  creditor  the  debtor's  right  of  redemption 
thereon  on  receiving  such  excess;  or  he  may  sell  the  property, 
subject  to  the  claim  of  the  creditor  thereon,  and  in  either  case 
the  assignee  and  creditor,  respectively,  shall  execute  all  deeds 
and  writings  necessary  or  proper  to  consummate  the  transaction. 
If  the  property  is  not  sold  or  released,  and  delivered  up,  or  its 
value  fixed,  the  creditor  shall  not  be  allowed  to  prove  any  part 
of  his  debt. 

Sec.  49.  No  creditor,  proving  his  debt  or  claim,  shall  be 
allowed  to  maintain  any  suit  at  law  or  in  equity  therefor, 
against  the  debtor,  but  shall  be  deemed  to  have  waived  all 
right  of  action  and  suit  against  him;  and  all  proceedings  already 
commenced,  or  unsatisfied  judgment  already  obtained  thereon, 
shall  be  deemed  to  be  discharged  and  surrendered  thereby; 
provided,  that  no  valid  lien  existing  in  good  faith  thereunder 
shall  be  thereby  affected;  and  further  provided,  that  a  creditor 
proving  his  debt  or  claim  shall  not  be  held  to  have  waived  his 
right  of  action  or  suit  against  the  debtor  where  a  discharge  has 
been  refused  or  the  proceedings  have  determined  without  a  dis- 
charge. And  no  creditor  whose  debt  is  provable  under  this  Act 
shall  be  allowed,  after  the  commencement  of  proceedings  in 
insolvency,  to  prosecute  to  final  judgment  any  action  therefor 
against  the  debtor  until  the  question  of  the  debtor's  discharge 
shall  have  been  determined;  and  any  such  suit  or  proceeding 
shall,  upon  the  application  of  the  debtor,  or  of  any  creditor,  or 
of  the  assignee,  be  stayed  to  await  the  determination  of  the 
Court  in  insolvency  on  the  question  of  discharge;  provided, 
there  be  no  unreasonable  delay  on  the  part  of  the  debtor,  or  of 
the  petitioning  creditors,  as  the  case  may  be,  in  prosecuting  the 
case  to  its  conclusion;  and  provided  also,  that  if  the  amount 
due  the  creditor  is  in  dispute,  the  suit,  by  leave  of  the  Court,  in 
insolvency  may  proceed  to  judgment  for  the  purpose  of  ascer- 
taining the  amount  due,  which  amount  may  be  proven  in  in- 
solvency, but  execution  shall  be  stayed  as  aforesaid;  provided 
further,  that  where  a  valid  lien  or  attachment  has  been  acquired 
or  secured  in  any  such  action,  and  an  undertaking  been  offered 
and  accepted  in  lieu  of  such  lien  or  attachment,  the  case  may 
be  prosecuted  to  final  judgment  for  the  purpose  of  fixing  the 
liability  of  the  sureties  upon  such  undertaking;  but  execution 
against  the  insolvent  upon  such  judgment  shall  be  stayed. 

Sec.  50.  Any  person  who  shall  have  accepted  any  prefer- 
ence, having  reasonable  cause  to  believe  that  the  same  was 
made  or  given  by  the  debtor  contrary  to  any  provision  of  this 
Act,  shall  not  prove  the  debt  or  claim  on  account  of  which  the 
preference  was  made  or  given;  nor  shall  he  receive  any  divi- 


—  109  — 

dend  thereon  until  he  shall  first  have  surrendered  to  the 
assignee  all  property,  money,  benefit,  or  advantage  received 
by  hirn  under  such  preference. 

Sec.  51.  The  Court  may,  upon  the  application  of  the 
assignee,  or  of  any  creditor  of  the  debtor,  or  without  any 
application,  before  or  after  adjudication  in  insolvency,  examine 
upon  oath  the  debtor  in  relation  to  his  property  and  his  estate, 
and  any  person  tendering  or  making  proof  of  claims,  and  may 
subpoena  witnesses  to  give  evidence  relating  to  such  matters. 
All  examinations  of  witnesses  shall  be  had  and  depositions 
shall  be  taken  in  accordance  with  and  in  the  same  manner  as 
is  provided  by  the  Code  of  Civil  Procedure. 

ARTICLE  VII. 

DISCHARGE. 

Sec  52.  At  any  time  after  the  expiration  of  three  months 
from  the  adjudication  of  insolvency,  but  not  later  than  one 
year  from  such  adjudication,  unless  the  property  of  the  insolv- 
ent has  not  been  converted  into  money,  the  debtor  may  apply 
to  the  Court  for  a  discharge  from  his  debts,  and  the  Court  shall 
thereupon  order  notice  to  be  given  to  all  creditors  who  have 
proved  their  debts,  to  appear,  on  a  day  appointed  for  that  pur- 
pose, and  show  cause  why  a  discharge  should  not  be  granted  to 
the  debtor;  said  notice  shall  be  given  by  mail  and  by  publica- 
tion at  least  once  a  week  for  four  weeks,  in  a  newspaper  pub- 
lished in  the  county,  or  city  and  county,  or,  if  there  be  none, 
in  a  newspaper  published  nearest  such  county,  or  city  and 
county;  provided,  that  if  no  debts  have  been  proven,  such 
notice  shall  not  be  required. 

Sec.  53.  No  discharge  shall  be  granted,  or  if  granted  shall 
be  valid,  if  the  debtor  shall  have  sworn  falsely  in  his  affidavit 
annexed  to  his  petition,  schedule,  or  inventory,  or  upon  any 
examination  in  the  course  of  the  proceedings  in  insolvency,  in 
relation  to  any  material  fact  concerning  his  estate  or  his  debts, 
or  to  any  other  material  fact;  or  if  he  has  concealed  any  part 
of  his  estate  or  effects,  or  any  books  or  writing  relating  thereto; 
or  if  he  has  been  guilty  of  fraud  or  willful  neglect  in  the  care, 
custody,  or  delivery  to  the  assignee  of  the  property  belonging 
to  him  at  the  time  of  the  presentation  of  his  petition  and 
inventory,  excepting  such  property  as  he  is  permitted  to  retain 
under  the  provisions  of  this  Act,  or  if  he  has  caused  or  per- 
mitted any  loss  or  destruction  thereof;  or  if,  within  one  month 
before  the  commencement  of  such  proceedings,  he  has  pro- 
cured his  lands,  goods,  moneys,  or  chattels  to  be  attached,  or 
seized  on  execution;  or  if  he  has  destroyed,  mutilated,  altered, 
or  falsified  any  of  his  books,  documents,  papers,  writings,  or 
securities;  or  has  made,  or  been  privy  to  the  making  of.  any 
false  or  fraudulent  entry  in  any  book  of  account  or  other 
document  with  intent  to  defraud  his  creditors;  or  if  he  has 
given  any  fraudulent  preference,  contrary  to  the  provisions  of 
this  Act,  or  made  any  fraudulent  payment,  gift,  transfer,  con- 


—  110  — 

veyance,  or  assignment  of  any  part  of  his  property,  or  has  lost 
any  part  thereof  in  gaming,  or  has  admitted  a  false  or  fictitious 
debt  against  his  estate;  or  if,  having  knowledge  that  any  per- 
son has  proven  such  false  or  fictitious  debt,  he  has  not  dis- 
closed the  same  to  his  assignee  within  one  month  after  such 
knowledge;  or  if,  being  a  merchant  or  tradesman,  he  has  not, 
subsequently  to  the  passage  of  this  Act,  kept  proper  books  of 
account;  or  if  he,  or  any  other  person  on  his  account  or  in  his 
behalf,  has  influenced  the  action  of  any  creditor,  at  any  stage 
of  the  proceedings,  by  any  pecuniary  consideration  or  obliga- 
tion; or  if  he  has,  in  contemplation  of  becoming  insolvent, 
made  any  pledge,  payment,  transfer,  assignment,  or  conveyance 
of  any  part  of  his  property,  directly  or  indirectly,  absolutely 
or  conditionally,  for  the  purpose  of  preferring  any  creditor  or 
person  having  a  claim  against  him,  or  who  is,  or  may  be,  under 
liability  for  him,  or  for  the  purpose  of  preventing  the  property 
from  coming  into  the  hands  of  the  assignee,  or  of  being  dis- 
tributed under  this  Act  in  satisfaction  of  his  debts;  or  if  he  has 
been  convicted  of  any  misdemeanor  under  this  Act,  or  has  been 
guilty  of  fraud  contrary  to  the  true  intent  of  this  Act;  or,  in 
case  of  voluntary  insolvency,  has  received  the  benefits  of  this 
or  any  other  Act  of  insolvency  or  bankruptcy  within  three 
years  next  preceding  his  application  for  discharge;  or  if  insolv- 
ency proceedings  in  which  he  could  have  applied  for  a  dis- 
charge are  pending  by  or  against  him  in  the  Superior  Court  of 
any  other  county  or  city  and  county  in  the  State.  And  before 
any  discharge  is  granted,  the  debtor  shall  take  and  subscribe 
an  oath  to  the  effect  that  he  has  not  done,  suffered,  or  been 
privy  to  any  act,  matter,  or  thing  specified  in  this  Act,  as 
grounds  for  withholding  such  discharge  or  as  invalidating 
such  discharge,  if  granted. 

Sec.  54.  Any  creditor  opposing  the  discharge  of  a  debtor 
shall  file  specifications,  in  writing,  of  the  grounds  of  his  opposi- 
tion; and  after  the  debtor  has  filed  and  served  his  answer 
thereto,  which  pleadings  shall  be  verified,  the  Court  shall  try 
the  issue  or  issues  raised,  with  or  without  a  jury,  according  to 
the  practice  provided  by  law  in  civil  actions. 

Sec.  55.  If  it  shall  appear  to  the  Court  that  the  debtor  has 
in  all  things  conformed  to  his  duty  under  this  Act,  and  that  he 
is  entitled  under  the  provisions  thereof  to  receive  a  discharge, 
the  Court  shall  grant  him  a  discharge  from  all  his  debts,  except 
as  hereinafter  provided,  and  shall  give  him  a  certificate  thereof, 
under  the  seal  of  the  Court,  in   substance  as  follows:     In  the 

Superior    Court  of    the  County  of   ,  State  of  California. 

Whereas,  has  been  duly  adjudged  an    insolvent  under 

the  insolvent  laws  of  this  State,  and  appears  to  have  conformed 
to  all  the  requirements  of  law  in  that  behalf,  it  is  therefore 

ordered  by  the  Court  that  said be  forever  discharged  from 

all  debts  and  claims  which  by  said  insolvent  laws  are  made 

provable  against  his  estate,  and  which  existed  on  the day 

of  ,  on   which  the  petition  of  adjudication  was    filed  by 

(or  against)  him,  excepting  such  debts,  if  any,  as  are  by  said 
insolvent  laws  excepted    from   the   operation   of  a  discharge 


—  Ill  — 

in  insolvency.     Given  under  my  hand,  and  the  seal  of  the 

Court,  this day  of  ,  A.  D. .     Attest:  ,  Clerk. 

[Seal] ,  Judge. 

Sec.  56.  No  debt  created  by  fraud  or  embezzlement  of  the 
debtor,  or  his  defalcation  as  a  public  officer,  or  while  acting  in  a 
fiduciary  character,  shall  be  discharged  under  this  Act,  but  the 
debt  may  be  proved,  and  the  dividend  thereon  shall  be  a  pay- 
ment on  account  of  said  debt;  and  no  discharge  granted  under 
this  Act  shall  release,  discharge,  or  affect  any  person  liable  for 
the  same  debt  for  or  with  the  debtor,  either  as  partner,  joint 
contractor,  indorser,  surety,  or  otherwise. 

Sec.  57.  A  discharge,  duly  granted  under  this  Act,  shall, 
with  the  exceptions  aforesaid,  release  the  debtor  from  all  claims, 
debts,  liabilities,  and  demands  set  forth  in  his  schedule,  or 
which  were  or  might  have  been  proved  against  his  estate  in 
insolvency,  and  may  be  pleaded  by  a  simple  averment  that  on 
the  day  of  its  date  such  discharge  was  granted  to  him,  setting 
forth  the  same  in  full,  and  the  same  shall  be  a  complete  bar  to 
all  suits  brought  on  any  such  debts,  claims,  liabilities,  or 
demands,  and  the  certificate  shall  be  prima  facie  evidence  in 
favor  of  such  fact  and  of  the  regularity  of  such  discharge;  pro- 
vided, however,  that  any  creditor  of  said  debtor,  whose  debt  was 
proved  or  provable  against  the  estate  in  insolvency,  who  shall 
see  fit  to  contest  the  validity  of  such  discharge  on  the  ground 
that  it  was  fraudulently  obtained,  and  who  has  discovered  the 
facts  constituting  the  fraud  subsequent  to  the  discharge,  may, 
at  any  time  within  two  years  after  the  date  thereof,  apply  to  the 
Court  which  granted  it  to  set  it  aside  and  annul  the  same,  or  if 
the  same  shall  have  been  pleaded,  the  effect  thereof  may  be 
avoided  collaterally  upon  any  such  grounds. 

Sec.  58.  The  refusal  of  a  discharge  to  the  debtor  shall  not 
affect  the  administration  and  distribution  of  his  estate  under 
the  provisions  of  this  Act. 

ARTICLE  VIII. 

FRAUDULENT   PREFERENCES   AND    TRANSFERS. 

Sec  59.  If  any  debtor,  being  insolvent,  or  in  contemplation 
of  insolvency,  within  one  month  before  the  filing  of  a  petition 
by  or  against  him,  with  a  view  to  give  a  preference  to  any 
creditor,  or  person  having  a  claim  against  him,  or  who  is  under 
any  liability  for  him,  procures  any  part  of  his  property  to  be 
attached,  sequestered,  or  seized  on  execution,  or  makes  any 
payment,  pledge,  mortgage,  assignment,  transfer,  sale,  or  con- 
veyance of  any  part  of  his  property,  either  directly  or  indi- 
rectly, absolutely  or  conditionally,  to  any  one,  the  person 
receiving  such  payment,  pledge,  mortgage,  assignment,  transfer, 
sale,  or  conveyance,  or  to  be  benefited  thereby,  or  by  such 
attachment  or  seizure,  having  reasonable  cause  to  believe  that 
such  debtor  is  insolvent,  and  that  such  attachment,  seizure, 
payment,  pledge,  mortgage,  conveyance,  transfer,  sale,  or  assign- 
ment is  made  with  a  view  to  prevent  his  property  from  coming 


—  112  — 

to  his  assignee  in  insolvency,  or  to  prevent  the  same  from  being 
distributed  ratably  among  his  creditors,  or  to  defeat  the  object 
of,  or  in  any  way  hinder,  impede,  or  delay  the  operation  of,  or 
to  evade  any  of  the  provisions  of  this  Act,  such  attachment, 
sequestration,  seizure,  payment,  pledge,  mortgage,  transfer,  sale, 
assignment,  or  conveyance  is  void,  and  the  assignee,  or  the 
receiver,  may  recover  the  property,  or  the  value  thereof,  as  assets 
of  such  insolvent  debtor;  and  if  such  payment,  pledge,  mort- 
gage, conveyance,  sale,  assignment,  or  transfer  is  not  made  in 
the  usual  and  ordinary  course  of  business  of  the  debtor,  or  if 
such  seizure  or  sequestration  is  made  under  a  judgment  which 
the  debtor  has  confessed  or  offered  to  allow,  that  fact  shall  be 
prima  facie  evidence  of  fraud.  All  assignments,  transfers,  con- 
veyances, mortgages,  or  incumbrances  of  real  estate  shall  be 
deemed,  under  this  section,  to  have  been  made  at  the  time  the 
instrument  conveying  or  affecting  such  realty  was  filed  for 
record  in  the  County  Recorder's  office  of  the  county,  or  city 
and  county,  where  the  same  is  situated. 

ARTICLE    IX. 

PENAL    CLAUSES. 

Sec.  60.  From  and  after  the  taking  effect  of  this  Act,  if  any 
debtor  or  insolvent  shall,  after  the  commencement  of  proceed- 
ings in  insolvency,  secrete  or  conceal  any  property  belonging 
to  his  estate,  or  part  with,  conceal,  or  destroy,  alter,  mutilate,  or 
falsify,  or  cause  to  be  concealed,  destroyed,  altered,  mutilated, 
or  falsified,  any  book,  deed,  document,  or  writing  relating 
thereto,  or  remove,  or  cause  to  be  removed,  the  same  or  any 
part  thereof,  with  intent  to  prevent  it  from  coming  into  the 
possession  of  the  assignee  in  insolvency,  or  to  hinder,  impede, 
or  delay  his  assignee  in  recovering  or  receiving  the  same,  or 
make  any  payment,  gift,  sale,  assignment,  transfer,  or  convey- 
ance of  any  property  belonging  to  his  estate,  with  like  intent, 
or  shall  spend  any  part  thereof  in  gaming;  or  shall,  with  intent 
to  defraud,  willfully  and  fraudulently  conceal  from  his  assignee, 
or  fraudulently  or  designedly  omit  from  his  schedule  any  prop- 
erty or  effects  whatsoever;  or  if,  in  case  of  any  person  having, 
to  his  knowledge  or  belief,  proved  a  false  or  fictitious  debt 
against  his  estate,  he  shall  fail  to  disclose  the  same  to  his 
assignee  within  one  month  after  coming  to  the  knowledge  or 
belief  thereof;  or  shall  attempt  to  account  for  any  of  his 
property  by  fictitious  losses  or  expenses;  or  shall,  within  three 
months  before  commencement  of  proceedings  of  insolvency, 
under  the  false  pretense  of  carrying  on  business  and  dealing  in 
the  ordinary  course  of  trade,  obtain  on  credit  from  any  person 
any  goods  or  chattels,  with  intent  to  defraud;  or  shall,  with 
intent  to  defraud  his  creditors,  within  three  months  next  before 
the  commencement  of  proceedings  in  insolvency,  pawn,  pledge, 
or  dispose  of,  otherwise  than  by  bona  fide  transactions  in  the 
ordinary  way  of  his  trade,  any  of  his  goods  and  chattels  which 
have  been  obtained  on  credit  and  remain  unpaid  for,  he  shall 


—  113  — 

be  deemed  guilty  of  misdemeanor,  and,  upon  conviction  thereof, 
shall  be  punished  by  imprisonment  in  the  county  jail  for  not 
less  than  three  months  nor  more  than  two  years. 

ARTICLE  X. 

MISCELLANEOUS. 

Sec.  61.  If  any  debtor  shall  die  after  the  order  of  adjudica- 
tion, the  proceedings  shall  be  continued  and  concluded  in  like 
manner  and  with  like  validity  and  effect  as  if  he  had  lived. 

Sec.  62.  Pending  proceedings  by  or  against  any  person, 
copartnership,  or  corporation,  no  statute  of  limitations  of  this 
State  shall  run  against  a  claim  which  in  its  nature  is  provable 
against  the  estate  of  the  debtor. 

Sec  63.  Any  creditor,  at  any  stage  of  the  proceedings,  may 
be  represented  by  his  attorney  or  duly  authorized  agent. 

Sec  64.  It  shall  be  the  duty  of  the  Court  having  jurisdic- 
tion of  the  proceedings  to  exempt  and  set  apart,  for  the  use  and 
benefit  of  said  insolvent,  such  real  and  personal  property  as  is 
by  law  exempt  from  execution;  and  also  a  homestead,  in  the 
manner  as  provided  in  section  one  thousand  four  hundred 
and  sixty-five  of  the  Code  of  Civil  Procedure.  But  no  property 
or  homestead  shall  be  set  apart,  as  aforesaid,  until  it  is  first 
proved  that  notice  of  the  hearing  of  the  application  therefor  has 
been  duly  given  by  the  Clerk,  by  causing  to  be  posted  in  at  least 
three  public  places  in  the  county  at  least  ten  days  prior  to 
the  time  of  such  hearing,  setting  forth  the  name  of  said  insolv- 
ent debtor,  and  the  time  and  place  appointed  for  the  hearing 
of  such  application,  which  said  notice  shall  briefly  indicate  the 
homestead  sought  to  be  exempted  or  the  property  sought  to  be 
set  aside;  and  the  decree  must  show  that  such  proof  was  made 
to  the  satisfaction  of  the  Court,  and  shall  be  conclusive  evidence 
of  that  fact. 

Sec  65.  The  filing  of  a  petition  by  or  against  a  debtor,  upon 
which,  or  upon  an  amendment  of  which,  an  order  of  adjudica- 
tion in  insolvency  may  be  made,  shall  be  deemed  to  be  the 
commencement  of  proceedings  in  insolvency  under  this  Act. 

Sec  6Q.  Words  used  in  this  Act  in  the  singular  include  the 
plural,  and  in  the  plural,  the  singular,  and  the  word  "  debtor  " 
includes  partnerships  and  corporations. 

Sec  67.  Upon  the  filing  of  either  a  voluntary  or  involun- 
tary petition  in  insolvency,  a  receiver  may  be  appointed  by  the 
Court  in  which  the  proceeding  is  pending,  or  by  a  Judge  thereof, 
at  any  time  before  the  election  of  an  assignee,  when  it  appears 
by  the  verified  petition  of  a  creditor  that  the  assets  of  the  in- 
solvent, or  a  considerable  portion  thereof,  have  been  pledged, 
mortgaged,  transferred,  assigned,  conveyed,  or  seized,  on  legal 
process,  in  contravention  or  violation  of  the  provisions  of  section 
fifty-nine  of  this  Act,  and  that  it  is  necessary  to  commence  an 
action  to  recover  the  same.  The  appointment,  oath,  undertak- 
ing, and  powers  of  such  receiver  shall  in  all  respects  be  regu- 
lated by  the  general  laws  of  the  State  applicable  to  receivers. 
8 


—  114  — 

When  an  assignee  is  chosen,  and  has  qualified,  the  receiver 
shall  forthwith  return  to  Court  an  account  of  the  assets  and 
property  which  have  come  into  his  possession,  and  of  his  dis- 
bursements, and  a  report  of  all  actions  or  proceedings  com- 
menced by  him  for  the  recovery  of  any  property  belonging  to 
the  estate,  and  the  Court  shall  thereupon  summarily  hear  and 
settle  the  receiver's  account,  and  shall  allow  him  a  just  com- 
pensation for  his  services,  including  a  reasonable  attorney's  fee, 
whereupon  the  receiver  shall  deliver  all  property,  assets,  or 
effects  remaining  in  his  hands,  to  the  assignee,  who  shall  be 
substituted  for  the  receiver  in  all  pending  actions  or  proceed- 
ings. 

Sec.  68.  All  sections  of  the  Code  of  Civil  Procedure  of  the 
State  of  California  relating  to  contempts  are  hereby  made  ap- 
plicable to  all  proceedings  under  this  Act. 

Sec.  69.  When  an  attachment  has  been  made  and  is  not 
dissolved  before  the  commencement  of  proceedings  in  insolvency, 
or  is  dissolved  by  an  undertaking  given  by  the  defendant,  if  the 
claim  upon  which  the  attachment  suit  was  commenced  is  proved 
against  the  estate  of  the  debtor,  the  plaintiff  may  prove  the  legal 
costs  and  disbursements  of  the  suit,  and  of  the  keeping  of  the 
property,  and  the  amount  thereof  shall  be  a  preferred  debt.  In 
all  contested  matters  in  insolvency  the  Court  may,  in  its  dis- 
cretion, award  costs  to  either  party,  to  be  paid  by  the  other,  or 
to  either  or  both  parties,  to  be  paid  out  of  the  estate,  as  justice 
and  equity  may  require;  in  awarding  costs,  the  Court  may  issue 
execution  therefor.  In  all  involuntary  cases  under  this  Act, 
the  Court  shall  allow  the  petitioning  creditors,  out  of  the  estate 
of  the  debtor,  if  any  adjudication  of  insolvency  be  made,  as  a 
preferred  claim,  all  legal  costs  and  disbursements  incurred  by 
them  in  that  behalf. 

Sec  70.  The  Court  may,  upon  the  application  of  the  debtor, 
if  it  be  a  voluntary  petition,  or  of  the  petitioning  creditors,  if  a 
creditors'  petition,  dismiss  the  petition  and  discontinue  the 
proceedings  at  any  time  before  the  appointment  of  an  assignee, 
upon  giving  ten  days'  notice  to  the  creditors,  in  the  same  man- 
ner that  notice  of  the  time  and  place  of  election  of  an  assignee 
is  given,  if  no  creditor  files  written  objections  to  such  dis- 
missal; provided,  however,  that  by  consent  of  all  creditors  the 
proceedings  may  be  dismissed  at  any  time.  After  the  appoint- 
ment of  an  assignee,  no  dismissal  shall  be  made  without  the 
consent  of  all  parties  interested  in  or  affected  thereby. 

Sec  71.  An  appeal  may  be  taken  to  the  Supreme  Court  in 
the  following  cases: 

1.  From  an  order  granting  or  refusing  an  adjudication  of 
insolvency. 

2.  From  an  order  made  at  the  hearing  of  any  account  of  an 
assignee,  allowing  or  rejecting  a  creditor's  claim,  in  whole  or  in 
part. 

3.  From  an  order  granting  or  overruling  a  motion  for  a  new 
trial. 

4.  From  an  order  settling  an  account  of  an  assignee. 

5.  From  an  order  against  or  in  favor  of  setting  apart  home- 
stead or  other  property  claimed  as  exempt  from  execution. 


—  115  — 

6.  From  an  order  granting  or  refusing  a  discharge  to  the 
debtor. 

The  notice,  undertaking,  and  procedure  on  appeal  shall  con- 
form to  the  general  laws  of  this  State  regulating  appeals  in  civil 
cases,  except  that  when  an  assignee  has  given  an  official  under- 
taking and  appeals  from  a  judgment  or  order  in  insolvency,  his 
official  undertaking  stands  in  the  place  of  an  undertaking  on 
appeal,  and  the  sureties  therein  are  liable  on  such  undertaking; 
provided,  however,  that  an  appeal  from  an  order  granting  or 
refusing  an  adjudication  of  insolvency  shall  not  stay  proceed- 
ings unless  a  written  undertaking  be  entered  into  on  the  part 
of  the  appellant,  with  at  least  two  sureties,  in  such  an  amount 
as  the  Court,  or  a  Judge  thereof,  may  direct,  but  not  less  than 
double  the  value  of  the  property  involved,  to  the  effect  that  if 
the  order  appealed  from  be  affirmed,  or  the  appeal  dismissed, 
appellant  will  pay  all  costs  and  damages  which  the  adverse 
party  may  sustain  by  reason  of  the  appeal  and  the  stay  of  pro- 
ceedings. 

Sec.  72.  The  Insolvent  Act  of  eighteen  hundred  and  eighty, 
and  all  amendments  thereto,  are  hereby  repealed;  provided, 
however,  that  such  repeal  shall  in  no  manner  invalidate  or  affect 
any  case  in  insolvency  instituted  and  pending  in  any  Court  on 
and  prior  to  the  day.  when  this  Act  shall  take  effect. 


CHAPTER  CXLV. 

An  Act  to  amend  section  thirty-four  hundred  and  forty-two  of  the 
Civil  Code  of  the  State  of  California,  relating  to  fraudulent 
instruments  and  transfers. 

[Approved  March  26,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Section  thirty-four  hundred  and  forty-two  of  the 
Civil  Code  of  the  State  of  California  is  hereby  amended  to  read 
as  follows: 

3442.  In  all  cases  arising  under  section  twelve  hundred 
and  twenty-seven,  or  under  the  provisions  of  this  title,  except 
as  otherwise  provided  in  section  thirty-four  hundred  and  forty, 
the  question  of  fraudulent  intent  is  one  of  fact  and  not  of  law; 
nor  can  any  transfer  or  charge  be  adjudged  fraudulent  solely 
on  the  ground  that  it  was  not  made  for  a  valuable  considera- 
tion; provided,  however,  that  any  transfer  or  incumbrance  of 
property  made  or  given  voluntarily,  or  without  a  valuable  con- 
sideration, by  a  party  while  insolvent  or  in  contemplation  of 
insolvency,  shall  be  fraudulent,  and  void  as  to  existing  credit- 
ors. 


—  116  — 


CHAPTER  CXLIX. 

An  Act  to  amend  section  seventeen  hundred  and  thirty-six  of  the 
Code  of  Civil  Procedure,  relating  to  a  report  as  to  the  condition 

of  the  estate. 

[Approved  March  26,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Section  seventeen  hundred  and  thirty-six  of  the 
Code  of  Civil  Procedure  is  hereby  amended  to  read  as  follows: 

1736.  The  Public  Administrator,  or  any  person  who 
received  letters  of  administration  while  acting  as  Public  Admin- 
istrator, must,  once  in  every  six  months,  make  to  the  Superior 
Court,  under  oath,  a  return  of  all  the  estates  of  decedents  which 
have  come  into  his  hands,  the  value  of  each  estate,  the  money 
which  has  come  into  his  hands  from  every  such  estate,  and  what 
he  has  done  with  it,  and  the  amount  of  his  fees,  and  expenses 
incurred  in  each  estate,  and  the  balance,  if  any,  in  each  such 
case  remaining  in  his  hands;  publish  the  same  six  times  in 
some  newspaper  published  in  the  county,  or  if  there  is  none, 
then  post  the  same,  legibly  written  or  printed,  in  the  office  of 
the  County  Clerk  of  the  county.  One  copy  of  the  return  must 
be  filed  with  papers  in  each  estate  so  reported. 

Sec.  2.     This  Act  shall  take  effect  from  and  after  its  passage. 


CHAPTER  CL. 

An  Act  to  amend  an  Act  entitled  "An  Act  providing  for  the 
removal  of  human  remains  from  cemeteries  in  cities  having  a 
population  of  more  than  five  thousand  and  not  exceeding  one 
hundred  thousand"  approved  March  28,  1898. 

[Approved  March  26,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  The  Act  of  the  Legislature  entitled  "An  Act  pro- 
viding for  the  removal  of  human  remains  from  cemeteries  in 
cities  having  a  population  of  more  than  five  thousand  and  not 
exceeding  one  hundred  thousand,"  approved  March  twenty- 
third,  eighteen  hundred  and  ninety-three,  is  hereby  amended 
to  read  as  follows: 

1.  The  City  Council  of  any  city  in  this  State  having  a  popu- 
lation of  more  than  fifteen  hundred  and  not  exceeding  one 
hundred  thousand,  may,  by  ordinance  duly  passed,  and  under 
such  lawful  rules  and  regulations  which  it  may  adopt,  provide 
for  the  exhuming,  taking  up,  and  removal  from  cemeteries 
within  the  boundary  lines  of  such  city,  or  from  cemeteries 
owned  and  controlled  by  such  city  that  may  have  been  located 


—  117  — 

without  its  boundaries  (and  in  which  such  cemeteries  no  inter- 
ments of  human  remains  have  been  made  for  a  period  of  not 
less  than  two  years),  of  all  the  human  remains  interred  in  such 
cemeteries. 


CHAPTER  CLIL 

An  Act  to  amend  section  seven  hundred  and  fifty-two  of  an  Act 
entitled  "An  Act  to  provide  for  the  organization,  incorpora- 
tion, and  government  of  municipal  corporations"  approved 
March  IS,  1883,  and  the  amendment  thereto,  approved  March 
19,  1889. 

[Approved  March  26,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Section  seven  hundred  and  fifty- two  of  an  Act 
entitled  "An  Act  to  provide  for  the  organization,  incorporation, 
and  government  of  municipal  corporations,"  approved  March 
thirteenth,  eighteen  hundred  and  eighty-three,  and  amended 
March  nineteenth,  eighteen  hundred  and  eighty-nine,  is  hereby 
amended  to  read  as  follows: 

Section  752.  The  members  of  the  Board  of  Trustees,  and  of 
the  Board  of  Education,  and  the  City  Clerk,  City  Attorney, 
Assessor,  Marshal,  Treasurer,  and  Recorder  shall  be  elected  by 
the  qualified  electors  of  said  city,  at  a  general  municipal  elec- 
tion, to  be  held  therein  on  the  second  Monday  in  April  in  each 
odd-numbered  year.  The  City  Clerk,  City  Attorney,  Assessor, 
Marshal,  Treasurer,  and  Recorder  shall  hold  office  for  the 
period  of  two  years  from  and  after  the  Monday  next  succeeding 
the  day  of  such  election,  and  until  their  successors  are  elected 
and  qualified.  Members  of  the  Board  of  Trustees  and  of  the 
Board  of  Education  shall  hold  office  for  the  period  of  four  years 
from  and  after  the  Monday  next  succeeding  the  day  of  such 
election,  and  until  their  successors  are  elected  and  qualified; 
provided,  that  the  first  Board  of  Trustees  and  Board  of  Educa- 
tion elected  under  the  provisions  of  this  Act  shall,  at  their  first 
meeting,  so  classify  themselves,  by  lot,  as  that  three  of  their 
members  shall  go  out  of  office  at  the  expiration  of  two  years, 
and  two  at  the  expiration  of  four  years.  The  Board  of  Trustees 
may,  in  their  discretion,  appoint  a  Poundmaster,  also  a  Super- 
intendent of  Streets  and  a  City  Engineer,  all  of  whom  shall 
hold  office  during  the  pleasure  of  the  Board. 

Sec.  2.  This  Act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 


118  — 


CHAPTER  CLV. 

An  Act  to  amend  section  three  thousand  seven  hundred  and  thir* 
teen  of  the  Political  Code,  relating  to  the  levy  of  taxes. 

[Approved  March  26,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Section  three  thousand  seven  hundred  and  thir- 
teen of  the  Political  Code  is  hereby  amended  so  as  to  read  as 
follows: 

3713.  The  State  Board  of  Equalization  must,  for  State 
purposes  for  the  forty-seventh  and  forty-eighth  fiscal  years,  fix 
such  an  ad  valorem  rate  of  taxation  upon  each  one  hundred 
dollars  in  value  of  taxable  property  in  this  State,  as  after 
allowing  five  per  cent  for  delinquencies  in  and  costs  of  collec- 
tion of  taxes,  as  provided  in  section  three  thousand  six  hun- 
dred and  ninety-six  of  the  Political  Code,  will  raise  for  the 
forty-seventh  fiscal  year: 

First — For  the  General  Fund,  four  million  nine  hundred  and 
thirteen  thousand  and  one  hundred  and  six  dollars. 

Second — For  the  School  Fund,  two  million  one  hundred  and 
ninety-five  thousand  four  hundred  and  fifty-nine  dollars. 

Third — For  the  Interest  and  Sinking  Fund,  one  hundred  and 
forty-one  thousand  four  hundred  and  thirty-five  dollars. 

And  for  the  forty -eighth  fiscal  year: 

First — For  the  General  Fund,  two  million  six  hundred  and 
eighty-one  thousand  three  hundred  and  seventy-one  dollars. 

Second — For  the  School  Fund,  two  million  one  hundred  and 
ninety-five  thousand  four  hundred  and  fifty-nine  dollars. 

Third — For  the  Interest  and  Sinking  Fund,  one  hundred  and 
forty-one  thousand  four  hundred  and  thirty-five  dollars. 


CHAPTER  CLVI. 

An  Act  to  prevent  the  sale  of  intoxicating  liquors  in  the  immedi- 
ate vicinity  of  soldiers1  homes. 

[Approved  March  26,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Every  person  who  sells  or  gives  away  any  ale, 
beer,  wine,  cider,  or  other  intoxicating  liquors,  within  one  and 
one  half  miles  outside  of  the  boundary  line  of  the  lands 
occupied  by  any  home,  retreat,  or  asylum  for  disabled  volun- 
teer soldiers,  or  soldiers  and  sailors,  which  has  been  or  may 
hereafter  be  established  by  the  Government  of  the  United 
States,  within  the  State  of  California,  is  guilty  of  a  misde- 


—  119  — 

meanor,  and  upon  conviction  thereof  shall  be  fined  not  less 
than  twenty-five  dollars  nor  more  than  one  hundred  dollars, 
and  in  addition  to  such  fine  shall  be  imprisoned  in  the  county 
jail  thirty  days;  and  upon  the  conviction  of  the  owner  or 
keeper  thereof,  the  place  wherein  such  intoxicating  liquors 
shall  have  been  sold  or  given  away  shall  be,  by  order  of  the 
Court  wherein  such  conviction  is  made,  within  ten  days  there- 
after, shut  up  and  abated  as  a  nuisance.  And  it  is  hereby 
made  the  duty  of  the  District  Attorney  of  the  county  in  which 
any  such  institution  is  or  may  be  located  to  prosecute  all 
offenders  against  the  provisions  of  this  Act. 

Sec.  2.     This  Act  shall  take  effect  from  and  after  its  passage. 


CHAPTER  CLVII. 

An  Act  to  add  a  new  section  to  the  Civil  Code,  to  be  designated  as 
section  six  hundred  and  sixteen,  authorizing  corporations  organ- 
ized to  establish  and  maintain  or  to  improve  cemeteries,  to  take 
and  hold  property  bequeathed,  granted,  or  given  to  them  upon 
trust,  to  apply  the  same,  or  the  proceeds  or  income  thereof,  to  the 
improvement  or  embellishment  of  cemeteries,  or  of  any  lot  therein, 
or  to  the  erection  or  maintenance  of  any  monument,  structure,  or 
improvement  therein. 

[Approved  March  26,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  A  new  section  is  hereby  added  to  the  Civil  Code 
of  this  State,  as  follows,  viz.: 

616.  Any  corporation  organized  to  establish  and  maintain, 
or  to  improve,  a  cemetery,  may  take  and  hold  any  property 
bequeathed,  granted,  or  given  to  it  upon  trust,  to  apply  the 
proceeds  or  income  thereof  to  any  or  all  of  the  following  pur- 
poses: To  the  improvement  or  embellishment  of  such  cemetery, 
or  of  any  lot  therein;  or  to  the  erection,  renewal,  repair,  or  pres- 
ervation of  any  monument,  fence,  or  other  structure  in  such 
cemetery;  or  to  the  planting  or  cultivation  of  trees,  shrubs, 
or  plants  in  or  around  such  cemetery,  or  any  lot  therein;  or 
to  the  improving,  ornamenting,  or  embellishing  of  such  ceme- 
tery, or  any  lot  thereim  in  any  other  mode  or  manner  not 
inconsistent  with  the  purposes  for  which  said  cemetery  was 
established  or  is  being  maintained.  Such  property,  and  the 
proceeds  or  income  thereof,  shall  be  invested  and  re-invested  by 
such  corporation,  in  the  bonds  of  the  United  States,  or  of  this 
State,  or  of  any  municipality  of  this  State,  or  in  mortgages  of 
real  estate,  if  such  investment  be  not  repugnant  to  the  terms  of 
the  bequest,  grant,  or  gift. 

Sec.  2.  This  Act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 


—  120  — 


CHAPTER  CLIX. 

An  Act  prescribing  how  judgments  which  may  be  recovered 
against  any  city  and  county  of  over  one  hundred  thousand 
population  shall  be  paid. 

[Approved  March  26,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  All  existing  judgments  against  any  city  and 
county  of  over  one  hundred  thousand  population  shall  be  paid 
by  the  Treasurer  of  such  city  and  county,  out  of  the  or  any 
General  Fund  thereof,  after  the  same  shall  have  been  audited 
by  the  Auditor,  auditing  officer,  board,  or  other  auditing  officer 
or  officers,  and  it  is  hereby  made  the  duty  of  the  Board  of 
Supervisors  and  Mayor  of  such  city  and  county  to  include  in 
the  tax  levy  for  any  fiscal  year  a  sum  sufficient  to  pay  existing 
judgments. 

Sec.  2.  This  Act  shall  take  effect  and  be  in  force  immedi- 
ately after  its  passage. 


CHAPTER  CLX. 

An  Act  to  amend  an  Act  entitled  "An  Act  to  provide  and  regulate 
the  manner  of  receiving  and  paying  fees,  commissions,  percent- 
ages, and  other  compensation  for  official  services  in  cities,  and 
cities  and  counties,  having  a  population  of  over  one  hundred 
thousand  inhabitants,  and  prescribing  the  duties  of  officers  with 
reference  thereto,"  approved  March  11,  1893,  by  adding  two 
new  sections  thereto,  to  be  known  and  designated  as  sections 
number  fifteen  and  sixteen,  respectively,  providing  for  the 
appointment  of  certain  clerics,  to  be  known  as  fee  clerks, prescrib- 
ing the  duties  of  such  clerks,  and  regulating  and  providing  for 
their  salary. 

[Approved  March  26,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Two  new  sections  are  hereby  added  to  an  Act 
entitled  "An  Act  to  provide  and  regulate  the  manner  of  receiv- 
ing and  paying  fees,  commissions,  percentages,  and  other  com- 
pensation for  official  services  in  cities,  and  cities  and  counties, 
having  a  population  of  over  one  hundred  thousand  inhabitants, 
and  prescribing  the  duties  of  officers  with  reference  thereto," 
approved  March  eleventh,  eighteen  hundred  and  ninety-three, 
to  be  known  as  sections  fifteen  and  sixteen  of  said  Act,  to  read 
as  follows: 

Section  15.  For  the  purpose  of  carrying  out  the  provisions 
of  said  Act  the  Treasurer  of  any  such  cities,  or  cities  and  coun- 
ties, is  hereby  authorized  to  appoint  clerks  not  to  exceed  three 


—  121  — 

in  number,  to  be  known  as  fee  clerks,  and  said  fee  clerks  shall 
be  allowed  a  salary  of  one  hundred  and  fifty  dollars  per  month; 
they  shall  give  a  bond  in  whatever  sum  the  said  Treasurer  may 
exact,  and  they  shall  perform  such  duties  as  he,  the  said  Treas- 
urer, may  direct.  The  salaries  of  said  clerks  shall  be  a  charge 
and  paid  out  of  the  unapportioned  fee  fund  in  this  Act  created. 

Section  16.  The  Boards  of  Supervisors  of  any  such  cities, 
or  cities  and  counties,  if  in  their  judgment  they  deem  it  neces- 
sary, may  grant  additional  assistance  in  the  way  of  clerks  to 
any  of  the  fee  officers  whose  labor  has  been  increased  under 
said  Act;  and  the  salaries  of  such  additional  clerks  shall  be 
allowed  and  audited  out  of  said  unapportioned  fee  fund. 

Sec.  2.     This  Act  shall  take  effect  immediately. 


CHAPTER  CLXI. 

An  Act  concerning  the  completion  of  unfinished  public  buildings 
in  any  county,  city,  city  and  county,  or  town  in  this  State,  and 
permitting  alterations  of  the  original  plans  or  designs  for  the 
construction  thereof. 

[Approved  March  26,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Where  there  are  any  unfinished  public  building 
or  buildings  now  in  process  of  construction  in  any  county,  city, 
city  and.  county,  or  town  in  this  State,  the  Board  of  Super- 
visors or  other  governing  body  of  any  county,  city,  city  and 
county,  or  town,  or  any  commission  created  by  an  Act  of  the 
Legislature,  having  in  charge  the  construction  of  such  unfin- 
ished building,  shall  have  the  right  in  the  construction 
thereof  to  omit  from  the  original  or  adopted  plan  therefor  such 
part  or  parts  as  in  their  judgment  they  shall  deem  necessary  to 
be  left  out;  provided,  no  contract  has  been  let  for  the  construc- 
tion of  such  part  or  parts.  If,  in  the  judgment  of  such  officers, 
the  public  good  requires,  they  may  let  contracts  according  to 
law  for  the  construction,  in  whole  or  in  part,  of  the  unfinished 
portions  of  such  public  building  or  buildings  in  accordance 
with  such  altered  plan.  When  the  same  shall  have  been  con- 
structed in  accordance  with  such  altered  plan,  the  building 
shall  be  deemed  to  have  been  completed. 

Sec.  2.  Whenever,  during  the  construction  of  such  public 
building  or  buildings,  changes  in  the  original  plans  or  designs 
have  heretofore  been  made,  and  contracts  for  the  construction 
of  the  work,  in  whole  or  in  part,  in  accordance  with  the  altered 
plans  or  designs,  have  been  entered  into  by  the  Board  of  Super- 
visors, or  other  governing  body  of  any  county,  city,  city  and 
county,  or  town,  or  by  the  commission  having  the  construction 
thereof  in  charge,  the  said  alteration  of  the  original  plans  or 
designs  that  have  been  made  and  contracts  for  same  that  have 
been  entered  into,  are  hereby  ratified,  approved,  and  confirmed. 

Sec.  3.     This  Act  shall  take  effect  from  and  after  its  passage. 


—  122 


CHAPTER  CLXIL 

An  Act  to  amend  an  Act  approved  March  11,  1898,  entitled  "An 
Act  to  amend  an  Act  entitled  'An  Act  to  provide  for  the  com- 
pletion of  all  unfinished  county,  city,  city  and  county,  towns, 
and  township  buildings  in  the  several  counties,  cities  and 
counties,  cities,  and  towns  throughout  the  State  of  California/ 
approved  March  11,  1891." 

[Approved  March  26,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Section  one  of  the  aforesaid  Act  is  hereby 
amended  so  as  to  read  as  follows: 

Section  1.  In  the  event  that  the  Board  of  Supervisors  of  the 
several  counties,  cities,  and  cities  and  counties  of  the  State  of 
California  shall  deem  it  expedient  to  continue  the  construction 
of  any  unfinished  county,  or  city  and  county,  or  town,  or  town- 
ship building  or  buildings  now  in  the  process  of  construction, 
they  are  hereby  authorized  and  empowered  to  express  such  judg- 
ment, by  resolution  or  order,  in  such  form  as  they  may  deem 
proper;  and  for  the  purpose  of  raising  the  money  necessary  to 
complete  said  building  or  buildings  the  Board  of  Supervisors  of 
the  several  counties,  cities,  and  cities  and  counties  of  the  State 
of  California  are  hereby  authorized  and  empowered  to  levy  and 
collect,  annually,  for  the  fiscal  year  commencing  July  first, 
eighteen  hundred  and  eighty-seven,  and  ending  June  thirtieth, 
eighteen  hundred  and  eighty-eight,  and  each  and  every  fiscal 
year  thereafter  during  the  eight  fiscal  years  next  ensuing,  in  the 
same  manner  and  at  the  same  times  as  other  taxes  in  said 
counties,  cities,  and  towns,  and  townships,  and  cities  and  counties 
are  levied  and  collected,  an  ad  valorem  property  tax  on  real 
and  personal  property  within  the  said  counties,  or  cities  and 
counties,  cities,  towns,  and  townships,  of  ten  cents  on  each  one 
hundred  dollars  of  value,  as  shown  by  the  assessment  rolls  of 
said  counties,  cities,  cities  and  counties,  towns,  and  townships 
for  the  current  fiscal  year;  provided,  the  moneys  raised  under 
the  provisions  of  this  Act  shall  be  expended  only  in  the  manner 
and  for  the  purposes  authorized  by  law,  or  by  the  Act  or  Acts 
authorizing  the  construction  of  the  building  or  buildings;  and 
provided  further,  that  no  part  of  said  moneys  shall  be  used 
for  the  purchase  of  carpets,  furniture,  fixtures,  or  other  office 
furnishings  of  the  rooms  or  offices  completed  and  in  use  at  the 
time  of  the  passage  of  this  Act,  nor  for  any  furniture  or  other 
office  fixtures  or  furnishings  for  the  rooms  or  offices  yet  to  be 
completed,  save  and  except  such  office  fixtures  as  are  usually 
affixed  to  and  constitute  a  part  of  the  permanent  structure  or 
arrangement  of  such  offices  or  rooms;  and  it  is  further  provided, 
that  whenever,  in  the  judgment  of  the  Board  of  Supervisors  of 
the  several  counties,  cities,  and  cities  and  counties  of  the  State 
of  California,  or  of  any  person  or  persons,  board,  or  commission 


—  123  — 

having  charge  of  any  building  or  buildings  now  in  the  process 
of  construction,  it  shall  be  deemed  necessary  for  the  preserva- 
tion of  the  building  or  buildings,  or  convenient  occupation 
thereof,  or  the  improvement  or  maintenance  of  sanitary  condi- 
tions therein,  or  the  protection  of  life,  to  make  repairs  on  said 
building  or  buildings,  or  alterations  thereof  not  inconsistent 
with  the  accepted  plan  of  the  building  or  buildings,  the  Board 
of  Supervisors,  person  or  persons,  board,  or  commission  having 
legal  charge  of  the  same,  shall  have  the  power  to  expend  in  any 
one  year  on  such  repairs  or  alterations,  exclusive  of  the  cost  of 
repairs  or  alterations  on  the  roof  or  roofs  thereof,  the  sum  of 
ten  thousand  dollars,  and  no  more;  which  sum  may  be  expended 
without  regard  to  any  of  the  requirements  of  any  Act  or  Acts 
authorizing  the  construction  of  the  building  or  buildings,  if  the 
amount  expended  at  any  one  time  does  not  exceed  the  sum  of 
one  thousand  dollars;  but  whenever  an  expenditure  in  excess 
of  the  sum  of  one  thousand  dollars  should  be  required,  it  shall 
be  made  according  to  the  provisions  of  the  Act  or  Acts  author- 
izing the  construction  of  the  building  or  buildings. 

Sec.  2.     This  Act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 


CHAPTER  CLXIII. 

An  Act  to  amend  sections  forty-seven  and  forty-eight  of  the  Civil 
Code  of  the  State  of  California,  relating  to  libel  and  slander. 

[Approved  March  26,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Section  forty-seven  of  the  Civil  Code  is  hereby 
amended  so  as  to  read  as  follows: 

47.     A  privileged  publication  is  one  made — 

1.  In  the  proper  discharge  of  an  official  duty. 

2.  In  any  legislative  or  judicial  proceeding,  or  in  any  other 
official  proceeding  authorized  by  law. 

3.  In  a  communication,  without  malice,  to  a  person  interested 
therein,  by  one  who  is  also  interested,  or  by  one  who  stands  in 
such  relation  to  the  person  interested  as  to  afford  a  reasonable 
ground  for  supposing  the  motive  for  the  communication  inno- 
cent, or  who  is  requested  by  the  person  interested  to  give  the 
information. 

4.  By  a  fair  and  true  report,  without  malice,  in  a  public  jour- 
nal, of  a  judicial,  legislative,  or  other  public  official  proceeding, 
or  of  anything  said  in  the  course  thereof,  or  of  a  verified  charge 
or  complaint  made  by  any  person  to  a  public  official,  upon 
which  complaint  a  warrant  shall  have  been  issued. 

5.  By  a  fair  and  true  report,  without  malice,  of  the  proceed- 
ings of  a  public  meeting,  if  such  meeting  was  lawfully  convened 
for  a  lawful  purpose  and  open  to  the  public,  or  the  publication 
of  the  matter  complained  of  was  for  the  public  benefit. 


—  124  — 

Sec.  2.  Section  forty-eight  of  the  Civil  Code  is  hereby  amended 
bo  as  to  read  as  follows : 

48.  In  the  cases  provided  for  in  subdivisions  three,  four, 
and  five,  of  the  preceding  section,  malice  is  not  inferred  from 
the  communication  or  publication. 

Sec  3.     This  Act  shall  take  effect  immediately. 


CHAPTER  CLXIV. 

An  Act  to  provide  an  official  stenographic  reporter  to  the  Coroner 
of  each  county,  or  city  and  county,  having  one  hundred  thousand 
or  more  inhabitants,  and  providing  the  mode  in  which  such 
reporter  shall  be  appointed,  and  establishing  the  compensation 
and  prescribing  the  duties  of  such  reporter. 

[Approved  March  26,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows : 

Section  1.  It  shall  be  lawful  for  the  Coroner  of  every  county, 
or  city  and  county,  of  this  State,  having  one  hundred  thousand 
or  more  inhabitants,  to  select  and  appoint  an  official  steno- 
graphic reporter,  such  reporter  to  hold  office  during  the  pleas- 
ure of  the  Coroner  making  the  appointment. 

Sec  2.  The  said  official  reporter  shall  be  allowed  and  shall 
receive  compensation  as  follows:  One  hundred  and  fifty  dollars 
per  month. 

Sec  3.  It  shall  be  the  duty  of  said  reporter  to  attend  all 
inquests  held  by  the  Coroner  of  the  said  county,  or  city  and 
county,  and  report  in  shorthand  all  testimony  of  witnesses, 
and  all  the  proceedings  of  said  inquests,  and  to  transcribe  the 
same  into  legible  longhand  and  furnish  two  typewritten  copies 
thereof,  and  shall  certify  the  same,  and  file  one  of  the  copies 
with  the  said  Coroner  and  the  other  copy  with  the  Clerk  of  the 
said  county,  or  city  and  county.  He  shall  also,  within  a  rea- 
sonable time  after  such  testimony  is  taken,  file  with  the  said 
Clerk  the  shorthand  notes  taken  by  him  at  each  inquest. 

Sec  4.  The  said  official  reporter  shall,  before  entering 
upon  the  duties  of  his  office,  take  and  subscribe  the  constitu- 
tional oath  of  office. 

Sec  5.  Any  report  of  the  said  official  reporter  duly  ap- 
pointed and  sworn,  when  written  out  in  longhand  writing  and 
certified  by  him  as  being  a  correct  transcript  of  the  testimony 
and  proceedings  in  the  case,  shall  be  prima  facie  a  correct 
statement  of  such  testimony  and  proceedings. 

Sec  6.  The  salary  of  said  reporter  shall  be  audited  and 
paid  monthly  out  of  the  General  Fund  of  the  said  county,  or 
city  and  county. 

Sec  7.     This  Act  shall  take  effect  from  and  after  its  passage. 


—  125 


CHAPTER  CLXV. 


An  Act  to  create  the  office  of  Fish  and  Game  Warden,  and  to  pre- 
scribe the  powers,  duties,  and  salary  of  such  officer. 

[Approved  March  26,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  The  Board  of  Supervisors  of  each  and  every 
county  in  the  State  may,  in  its  discretion,  at  their  first  meeting 
held  in  April,  eighteen  hundred  and  ninety-five,  and  at  their 
first  meeting  held  in  January,  eighteen  hundred  and  ninety- 
seven,  and  in  January  every  two  years  thereafter,  appoint  a 
suitable  person  to  serve  for  the  period  of  two  years  from  the 
date  of  his  appointment  as  Fish  and  Game  Warden  of  the 
county,  which  office  is  hereby  created;  provided,  that  the  per- 
son so  appointed  in  April,  eighteen  hundred  and  ninety-five 
shall  hold  office  only  until  January,  eighteen  hundred  and 
ninety-seven,  and  until  his  successor  is  appointed  and  qualifies. 

Sec.  2.  Said  Fish  and  Game  Warden  shall  enforce  the  State 
laws,  and  all  county  and  municipal  ordinances  relating  to  the 
protection  of  fish  and  game,  and  he  shall  be  vested  with  all  the 
powers  of  a  peace  officer  to  make  arrests  for  the  violation  of 
such  laws  and  ordinances. 

Sec.  8.  The  salary  of  said  Fish  and  Game  Warden  is  here- 
by fixed,  in  accordance  with  the  classification  of  counties,  as 
follows: 

Sec  4.  For  counties  of  the  first,  second,  and  third  classes, 
one  hundred  dollars  per  month;  for  counties  of  the  fourth,  fifth, 
and  sixth  classes,  the  sum  of  seventy-five  dollars  per  month; 
for  counties  of  the  seventh,  eighth,  ninth,  and  tenth  classes, 
the  sum  of  sixty  dollars  per  month,  and  for  all  other  classes 
from  the  eleventh  to  the  fifty-third,  inclusive,  the  sum  of  fifty 
dollars  per  month.  In  addition  thereto  said  Warden  shall  be 
allowed  a  sum  not  to  exceed  twenty-five  dollars  per  month  for 
expenses  incurred  by  him  in  the  performance  of  his  duties. 
Said  salary  and  expenses  incurred  must  be  paid  monthly  from 
the  County  Treasury.  Said  Fish  and  Game  Warden  shall, 
before  entering  upon  the  discharge  of  his  duties,  execute  a  bond 
with  sureties  in  such  sum  as  may  be  required  by  the  Board  of 
Supervisors,  for  the  faithful  and  proper  discharge  of  his  duties 
as  such  Fish  and  Game  Warden.  Said  Warden  shall  report 
quarterly  to  the  Board  of  Supervisors  of  his  county,  giving  a 
detailed  statement  of  all  arrests  made,  convictions  had,  fines 
collected,  and  generally  in  regard  to  the  management  of  his 
office.  Such  officers  may  be  removed  by  the  Board  of  Supervis- 
ors for  intemperance,  neglect  of  duty,  or  other  good  and  suffi- 
cient reasons. 

Sec  5.  This  Act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 


126  — 


CHAPTER  CLXVI. 

An  Act  to  create  and  administer  a  Public  School  Teachers'  Annu- 
ity and  Retirement  Fund  in  the  several  counties  and  cities  and 
counties  of  the  State. 

[Approved  March  26,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  The  Superintendent  of  Public  Schools,  the 
County  Treasurer,  and  the  Chairman  of  the  Board  of  Super- 
visors of  each  county  or  city  and  county,  and  their  successors 
in  office,  are  hereby  constituted  a  Board  of  Trustees  of  the 
"  School  Teachers'  Annuity  and  Retirement  Fund,"  to  provide 
for  the  disbursement  of  the  same,  and  to  designate  the  bene- 
ficiaries thereof,  as  hereinafter  directed,  which  Board  shall  be 
known  as  the  "School  Teachers'  Retirement  Fund  Commis- 
sioners." 

Sec  2.  They  shall  organize  as  such  Board  by  choosing  one 
of  their  number  as  Chairman  and  one  as  Secretary.  The  County 
Treasurer  shall  be  ex  officio  Treasurer  of  such  fund.  Such 
Board  of  Trustees  shall  have  charge  of  and  administer  said  fund 
and  order  payments  therefrom  according  to  the  provisions  of 
this  Act.  They  shall  report  annually,  in  the  month  of  July,  to 
the  Board  of  Supervisors  the  condition  of  such  fund,  and  the 
receipts  and  the  disbursements  on  account  of  the  same,  with  a 
full  and  complete  list  of  the  beneficiaries  of  said  fund,  and  the 
amounts  paid  to  each  of  them. 

Sec.  3.  Whenever  any  teacher  entitled  to  the  benefits  of  this 
Act  has  taught  in  the  public  schools  of  this  State  for  a  period  of 
twenty  years,  and  shall  become  incapacitated  from  performing 
the  duties  of  a  teacher,  such  teacher  shall,  at  his  or  her  request, 
and  may,  in  the  discretion  of  the  Board  of  School  Trustees, 
without  such  request,  be  retired  as  a  teacher,  and  shall  there- 
after receive  an  annuity  out  of  said  fund  of  forty-five  dollars 
per  month;  and  if  such  teacher  has  taught  for  twenty-five  years 
or  over,  shall,  under  the  same  circumstances,  be  retired  upon 
an  annuity  of  fifty  dollars  per  month;  such  payments  to  be 
made  out  of  the  fund  in  the  different  counties  in  proportion  to 
the  length  of  time  taught  by  such  teacher  in  each  county;  but 
in  case  any  teacher  should  be  retired  within  three  years  after 
the  passage  of  this  Act,  he  or  she  must,  in  order  to  receive  the 
benefits  thereof,  pay  into  the  fund  provided  for  in  this  Act  the 
sum  of  three  hundred  dollars;  and  provided  further,  that  if  at 
any  time  there  shall  not  be  sufficient  money  in  said  fund  to 
pay  the  warrants  drawn  thereon  as  presented  for  payment,  the 
Treasurer  shall  register  said  warrants,  and  mark  on  the  back 

of  each  these  words:  "  Presented  for  payment  this (giving 

day,  month,  and  year),  and  not  paid  for  want  of  funds.  Treas- 
urer of County."     And  such  warrants  shall  be  paid  in 

the  order  of  registration  and  bear  interest  at  five  per  cent 
per  annum  from  date  of  registration. 


—  127  — 

Sec.  4.  The  Board  herein  provided  for  shall  hold  quarterly 
meetings  on  the  third  Saturday  of  January,  April,  July,  and 
October  of  each  year,  at  the  office  of  the  County  Superintendent 
of  Public  Schools.  Such  Board  shall  biennially,  at  its  meeting 
in  January,  select  from  its  members  a  President  and  Secretary. 
It  shall  issue  warrants,  signed  by  its  President  and  Secretary, 
to  the  persons  entitled  thereto,  for  the  amount  of  money 
ordered  paid  to  such  persons  from  such  fund  by  said  Board, 
stating  therein  for  what  purpose  such  payment  is  made.  It 
shall  keep  a  record  of  all  its  proceedings,  which  shall  be  public. 
It  shall  at  each  quarterly  meeting  send  to  the  Treasurer  of  the 
county  or  city  and  county  and  to  the  Auditor  of  such  county 
or  city  and  county  a  list  of  all  persons,  if  any,  entitled  to 
payment  out  of  the  fund  provided  in  this  Act,  stating  the 
amount  of  such  payments  and  for  what  granted,  which  lists 
shall  be  sworn  to  as  correct  by  the  President  and  Secretary  of 
said  Board,  and  the  Auditor  shall  then  enter  a  copy  of  said 
list  in  a  book  to  be  kept  for  him  for  that  purpose,  known  as 
the  "  School  Teachers'  Annuity  Fund  Book."  When  such  list 
has  been  entered  in  such  book  by  the  Auditor,  he  shall  trans- 
mit the  same  to  the  Board  of  Supervisors  of  such  county,  or  city 
and  county,  which  Board  shall  order  the  payment  of  the 
amount  named  out  of  the  fund  provided  for  by  this  Act.  A 
majority  of  the  members  of  said  Board  shall  constitute  a 
quorum  for  the  transaction  of  business. 

Sec.  5.  In  addition  to  the  powers  hereinbefore  granted  to 
said  Board,  it  shall  have  the  further  power,  first,  to  subpoena 
and  compel  witnesses  to  attend  and  testify  before  it  in  all  mat- 
ters relating  to  the  operation  of  this  Act,  and  any  member  of 
said  Board  may  administer  an  oath  or  affirmation  to  such  wit- 
ness, in  the  form  prescribed  in  Courts  of  justice;  second,  to 
provide  for  the  payment,  out  of  said  fund,  of  all  expenses,  such 
as  for  printing,  for  stationery,  and  for  postage  stamps,  but  the 
members  of  said  Board,  as  such,  shall  serve  without  compensa- 
tion; third,  to  make  all  such  needful  rules  and  regulations  for 
the  transaction  of  their  business,  from  time  to  time,  as  may  be 
necessary. 

Sec  6.  To  provide  a  fund  for  the  payments  provided  for 
in  this  Act,  the  Secretary  of  the  Board  of  Education  of  each 
municipality  shall  certify  monthly  to  the  Treasurer  of  such 
municipality,  and  the  Board  of  Trustees  in  every  school  district 
outside  of  such  municipalities  shall  certify  and  pay  over  in 
like  manner  to  the  County  Treasurer  of  each  county,  and  one 
per  cent  of  the  amount  due  each  teacher  as  salary  for  the  pre- 
vious month;  and  all  moneys  derived  from  any  other  source 
shall  be  paid  to  the  County  Treasurer  to  the  credit  of  such  fund. 
Such  Board  shall  also  receive  and  place  to  the  credit  of  said 
fund  all  moneys  received  from  donations,  legacies,  gifts, 
bequests,  or  otherwise. 

Sec.  7.  This  Act  shall  be  binding  only  upon  public  school 
teachers  who,  after  the  passage  of  this  Act,  shall  sign  and 
deliver  to  the  Board  of  Education  of  the  municipality  in  which 
they  are  employed  a  notice  in  substantially  the  following  form: 


—  128  — 

,  1895. 

To  the  Board  of  Education  (or  Trustees,  as  the  case  may  be) 

of . 

You  are  hereby  notified  that  I  agree  to  be  bound  by,  and 
desire  to  avail  myself  of,  the  provisions  of  the  Act  of  the  Legisla- 
ture of  California,  approved ,  eighteen  hundred  and  ninety- 
five,  entitled  "An  Act  to  create  and  administer  a  School 
Teachers'  Annuity  and  Retirement  Fund  in  the  several  coun- 
ties and  cities  and  counties  in  this  State." 

Public  School  Teacher. 

And  no  teacher  employed  in  the  public  schools  of  this  State 
at  the  time  of  the  passage  of  this  Act  failing  to  give  such  notice 
shall  be  entitled  to  any  benefits  under  this  Act  or  subject  to 
any  of  its  burdens.  And  no  teacher  employed  after  the  pas- 
sage of  this  Act,  who,  within  ninety  days  after  such  employ- 
ment, fails  to  give  such  notice,  shall  share  the  benefits  of  or  be 
subject  to  the  burdens  of  this  Act.  Such  notices  shall  be 
delivered  to  the  Treasurer  of  such  municipality,  and  a  copy 
thereof  to  the  Commissioners  of  said  fund,  and  preserved  as  a 
record  for  their  information. 

Sec.  8.  All  Acts  and  parts  of  Acts  in  conflict  with  the  pro- 
visions of  this  Act  are  hereby  repealed. 

Sec.  9.  This  Act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 


CHAPTER  CLXVII. 

An  Act  to  amend  sections  three,  four,  five,  seven,  nine,  ten, 
eleven,  twelve,  fourteen,  fifteen,  sixteen,  and  twenty-three  of  an 
Act  entitled  "An  Act  creating  a  Board  of  Bank  Commissioners, 
and  'prescribing  their  duties  and  powers  "  {approved  March  80, 
1878,  and  as  amended  by  an  Act  approved  March  10,  1887), 
and  to  add  four  (4)  new  sections  thereto,  to  be  numbered  twenty- 
four,  twenty-five,  twenty-six,  and  twenty-seven,  relating  to  the 
powers  and  duties  of  such  Commissioners. 

[Approved  March  26,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  That  section  three  of  an  Act  entitled  "An  Act 
creating  a  Board  of  Bank  Commissioners,  and  prescribing 
their  duties  and  powers"  (approved  March  thirtieth,  eighteen 
hundred  and  seventy-eight,  and  as  amended  by  an  Act  approved 
March  tenth,  eighteen  hundred  and  eighty-seven),  be  and  the 
same  is  hereby  amended  so  as  to  read  as  follows: 

Section  3.  The  duties  of  the  Bank  Commissioners  shall  be  to 
prepare  and  furnish  to  every  savings  bank,  bank,  and  banking 
company,  or  any  other  corporation  incorporated  under  the  laws 
of  this  State,  or  of  any  other  State  or  Territory,  or  foreign 
country,  doing  a  banking  business  in  this  State,  applying  there- 


—  129  — 

for,  a  license,  in  the  form  to  be  prescribed  by  them,  author- 
izing such  corporation  to  use  the  name  and  to  transact  the 
business  of  a  savings  bank,  bank,  or  banking  company,  until  the 
first  day  of  July  next  thereafter;  to  receive  and  place  on  file  in 
their  office  the  reports  required  to  be  made  by  savings  banks, 
banks,  or  banking  corporations,  by  this  Act;  to  prepare  and 
furnish,  on  demand,  to  all  persons,  firms,  partnerships,  corpora- 
tions, or  officers  required  to  make  and  return  statements  or 
reports  to  said  Bank  Commissioners  by  the  provisions  of  this 
Act,  blank  forms  for  such  statements  or  reports  as  may  by  law 
be  required  of  them;  to  make,  on  or  before  the  first  day  of 
October  in  each  year,  a  report  to  the  Governor  of  this  State, 
containing  a  tabular  statement  and  synopsis  of  the  several 
reports  which  have  been  filed  in  their  office  since  their  last 
report,  and  any  other  proceedings  had  or  done  by  them  under 
this  Act,  showing  generally  the  condition  of  the  respective 
savings,  commercial,  and  other  banking  corporations  or  institu- 
tions of  this  State,  and  such  other  matters  as  in  their  opinion 
may  be  of  interest  to  the  public,  with  a  detailed  statement, 
verified  by  their  oaths,  of  all  moneys  and  fees  of  office  received 
by  them  during  the  same  period. 

Sec.  2.  That  section  four  of  said  Act  is  hereby  amended  to 
read  as  follows: 

Section  4.  It  shall  be  the  duty  of  one  or  more  of  the  Bank 
Commissioners,  as  designated  by  the  Commissioners,  once  in 
each  year,  and  as  often  as  in  their  judgment  may  be  deemed 
necessary,  without  previous  notice,  to  visit  and  make,  person- 
ally, a  full  examination  of  each  and  every  corporation  men- 
tioned in  section  three  of  this  Act;  to  inspect  all  books,  papers, 
notes,  bonds,  or  evidences  of  debt  of  such  corporation,  and  all 
securities;  to  ascertain  the  condition  of  every  such  corpora- 
tion, its  solvency,  its  ability  to  fulfill  its  obligations,  and,  if  in 
their  opinion  it  is  deemed  necessary,  report  its  condition  to  the 
Attorney-General  as  soon  as  practicable  after  such  examination. 

Sec.  3.  That  section  five  of  said  Act  is  hereby  amended  to 
read  as  follows: 

Section  5.  Such  Commissioners  must  examine,  under  oath, 
any  of  the  officers,  agents,  and  servants  of  any  such  corporation, 
in  relation  to  the  affairs  and  condition  of  such  corporation,  and 
may  administer  such  oath  personally;  and  whoever  shall  neg- 
lect or  refuse,  after  demand  and  notice  thereof,  and  without 
justifiable  cause,  to  appear,  or  testify  under  oath,  before  the 
said  Commissioners  in  the  discharge  of  their  duties,  shall  be 
deemed  guilty  of  misdemeanor,  and  on  conviction  thereof  be 
punished  by  a  fine  not  exceeding  five  thousand  dollars,  or  by 
imprisonment  in  the  county  jail  not  exceeding  one  year,  or  by 
both  such  fine  and  imprisonment. 

Sec  4.  That  section  seven  of  said  Act  is  hereby  amended 
to  read  as  follows: 

Section  7.     No  corporation  shall  use  the  name  or  transact  the 

business  of  a  savings  bank,  or  bank,  or  banking  corporation, 

without  the  license  provided  for  by  section  three  of  this  Act; 

and  any  corporation  violating  this  provision  shall  forfeit  the 

9 


—  130  — 

sum  of  one  hundred  dollars  per  day  during  the  continuance 
of  the  offense;  and  any  person  who  enters  upon,  engages  in, 
or  carries  on,  or  in  any  manner  attends  to  the  business  or 
management  of  a  savings  bank,  or  bank,  or  banking  corpora- 
tion, doing  business  without  such  license,  whether  as  manager, 
principal,  agent,  officer,  employe,  or  otherwise,  shall  forfeit  the 
sum  of  one  hundred  dollars  for  every  day  he  so  enters  upon, 
engages  in,  or  carries  on,  or  attends  to  such  business;  and  any 
violation  of  this  section  is  also  hereby  declared  to  be  a  misde- 
meanor. 

Sec.  5.  That  section  nine  of  said  Act  is  hereby  amended  to 
read  as  follows: 

Section  9.  Any  corporation  mentioned  in  section  three  of 
this  Act,  including  banks  in  liquidation  or  insolvency,  shall, 
whenever  required  by  the  Board  of  Bank  Commissioners,  make 
a  report  in  writing  to  the  Commissioners,  verified  by  the  oath 
of  its  President  and  its  Secretary  or  Cashier,  or  its  two  princi- 
pal officers.  Said  report  shall  show  the  actual  financial  con- 
dition of  the  corporation  making  the  report  at  the  close  of  any 
past  day  by  the  Commissioners  specified,  by  stating: 

First — The  amount  of  its  capital  stock,  and  the  number  of 
shares  into  which  it  is  divided. 

Second — The  names  of  the  Directors,  and  the  number  of 
shares  of  stock  held  by  each. 

Third — The  total  amount  actually  paid,  in  money,  by  stock- 
holders for  capital  stock,  and  the  total  amount  of  reserve  fund, 
if  any. 

Fourth — The  total  amount  due  to  depositors. 

Fifth — The  total  amount  and  character  of  any  other  liabili- 
ties it  may  have. 

Sixth — The  amount  at  which  the  lot  and  building  occupied 
by  the  bank  for  the  transaction  of  its  regular  business,  stands 
debited  on  its  books,  together  with  the  market  value  of  all 
other  real  estate  held,  whether  acquired  in  settlement  of  loans 
or  otherwise;  the  amount  at  which  it  stands  debited  on  the 
bank  books;  in  what  county  situated,  and  in  what  name  the 
title  is  vested,  if  not  in  the  name  of  the  corporation  itself. 

Seventh — The  amount  loaned  on  real  estate,  specifying  the 
amount  secured  on  real  estate  in  each  county  separately;  also, 
specifying  the  name  of  the  person  in  whose  name  the  prop- 
erty is  held  in  trust  or  as  security,  in  case  it  is  held  in  any 
name  other  than  that  of  the  bank,  and  the  instrument  creating 
the  security  does  not  of  itself  disclose  the  name  of  the  bank. 

Eighth — The  amount  invested  in  bonds,  designating  each 
particular  class,  and  the  amount  thereof. 

Ninth — The  amount  loaned  on  stocks  and  bonds,  designating 
each  particular  class,  and  the  amount  thereof. 

Tenth — The  amount  of  money  loaned  on  other  securities, 
with  a  particular  designation  of  each  class,  and  the  amount 
loaned  on  each. 

Eleventh — The  actual  amount  of  money  on  hand  or  deposited 
in  any  other  bank  or  place,  with  the  name  of  the  place  where 
deposited,  and  the  amount  in  each  place. 


—  131  — 

Twelfth— Any  other  property  held  or  any  amount  of  money 
loaned,  deposited,  invested,  or  placed,  not  otherwise  herein 
enumerated,  with  the  place  where  situate,  and  the  value  of 
such  property,  and  the  amounts  so  loaned,  deposited,  or  placed. 

The  oaths  of  the  officers  to  the  statements  above  required 
shall  state  that  they,  and  each  of  them,  have  a  personal  knowl- 
edge of  the  matters  therein  contained,  and  that  they  believe 
every  allegation,  statement,  matter,  and  thing  therein  con- 
tained is  true;  and  any  willfully  false  statement  in  the  prem- 
ises shall  be  perjury,  and  shall  be  punished  as  such.  The 
reports  as  provided  for  by  this  section  shall  by  the  Commis- 
sioners be  required  from  each  and  every  corporation  herein 
mentioned  at  least  three  times  in  each  year,  and  shall  be 
transmitted  to  the  Commissioners  within  fifteen  days  after 
the  receipt  from  them  of  a  request  or  requisition  therefor. 

Sec.  6.  That  section  ten  of  said  Act  is  hereby  amended  to 
read  as  follows: 

Section  10.  Any  corporation  mentioned  in  section  three  of 
this  Act,  failing  to  furnish  to  the  Bank  Commissioners  any 
report  by  them  required  under  the  provisions  of  this  Act, 
within  the  time  herein  specified,  shall  forfeit  the  sum  of  one 
hundred  dollars  per  day  during  the  time  of  such  default. 

Sec.  7.  That  section  eleven  of  said  Act  is  hereby  amended 
to  read  as  follows: 

Section  11.  If  the  Bank  Commissioners,  on  examination  of 
the  affairs  of  any  corporation  mentioned  in  section  three  of  this 
Act,  shall  find  that  any  such  corporation  has  been  guilty  of 
violating  its  charter,  the  laws  of  this  State,  or  any  of  the  pro- 
visions of  this  Act,  or  is  conducting  business  in  an  unsafe 
manner,  they  shall,  by  an  order  addressed  to  the  corporation 
so  offending,  direct  discontinuance  of  such  illegal  and  unsafe 
practices,  and  a  conformity  with  the  requirements  of  the  law 
and  its  charter,  and  of  the  provisions  of  this  Act.  And  if  such 
corporation  shall  refuse  or  neglect  to  conform  with  such  require- 
ments before  the  expiration  of  the  time  in  the  order  specified, 
or  if  it  shall  appear  to  said  Commissioners  and  they  shall 
unanimously  decide  that  it  is  unsafe  for  any  such  corporation 
to  continue  to  transact  business,  it  shall  be  the  duty  of  the 
Commissioners  immediately  to  take  such  control  of  such  cor- 
poration, and  all  the  property  and  effects  thereof,  as  may  be 
necessary  to  prevent  waste  or  diversion  of  assets,  and  to  hold 
possession  of  the  same  until  the  order  of  Court  hereinafter 
mentioned,  and  to  immediately  notify  the  Attorney-General  of 
their  action;  and  it  is  hereby  made  the  duty  of  the  Attorney- 
General,  upon  receiving  such  notification,  to  immediately  com- 
mence suit  in  the  proper  Court  against  such  corporation,  and 
all  the  Directors  or  Trustees  thereof,  to  enjoin  and  prohibit  them 
from  the  transaction  of  any  further  business.  If,  upon  the 
hearing  of  the  case,  the  Court  shall  find  that  it  is  unsafe  for 
such  corporation  to  continue  business,  and  that  such  corpora- 
tion or  institution  is  insolvent,  said  Court  shall  issue  the  in- 
junction applied  for  and  shall  cause  the  same  to  be  served 
according  to  law,  and  shall  order  the  Commissioners  to  surren- 


—  132  — 

der  to  the  corporation  the  property  thereof  in  their  possession 
for  the  purpose  of  liquidation;  or,  if  the  Court  shall  find  that 
such  corporation  is  solvent,  and  may  safely  continue  business, 
it  shall  dismiss  the  action  and  order  that  the  corporation  be 
restored  to  the  possession  of  its  property.  The  issuance  of  the 
injunction  hereinabove  provided  for  shall,  by  operation  of  law, 
dissolve  any  and  all  attachments  levied  upon  any  property  of 
such  corporation  within  one  month  next  preceding  the  date  of 
the  notification  by  the  Commissioners  to  the  Attorney-General 
as  provided  for  in  this  section,  and  no  attachment  or  execution 
shall,  after  the  issuance  of  such  injunction  and  during  the 
process  of  liquidation  hereinafter  provided  for,  be  levied  upon 
any  property  of  said  corporation,  nor  shall  any  lien  be  created 
thereon.  And  if  it  shall  appear  to  the  Court  at  such  hearing, 
or  at  any  time  during  the  liquidation  hereinafter  provided  for, 
on  the  petition  of  one  or  more  of  the  Bank  Commissioners,  or 
any  other  interested  party,  that  any  of  the  Directors  or  Trustees, 
or  officers  of  said  corporation  have  been  guilty  of  fraud,  malver- 
sation, or  criminal  carelessness  or  negligence,  and  that  any  of 
them  are  not  the  proper  persons  to  be  intrusted  with  the  closing 
of  the  affairs  and  business  of  such  corporation  in  the  interest 
of  the  depositors,  creditors,  and  stockholders  thereof,  the  said 
Court  shall  cause  to  be  issued  in  said  action  and  served  upon 
said  Directors  or  Trustees,  or  officers,  or  any  of  them,  an  order 
to  show  cause  why  they,  or  any  of  them,  should  not  be  removed 
from  office,  which  order  shall  briefly  recite  the  grounds  of  the 
application,  and  shall  be  returnable  at  a  time  to  be  fixed  by 
the  Court;  and  if  on  the  hearing  the  Court  shall  find  that  such 
Directors  or  Trustees,  or  officers,  or  any  of  them,  ought  to  be 
removed  from  office,  it  shall  enter  its  order  of  removal  accord- 
ingly, which  order  shall  be  final  in  the  premises;  and  if  the 
Board  of  Directors  or  Trustees  of  the  corporation  shall  neglect, 
for  the  period  of  ten  days  after  such  removal,  to  elect  or  appoint 
a  successor  or  successors  to  the  person  or  persons  so  removed, 
then  the  Court,  by  an  order  entered  in  said  cause,  shall  appoint 
such  successor  or  successors;  and  the  Court  shall  also  have 
power  in  like  manner  to  fill  all  vacancies  occurring  in  the 
Board,  and  to  appoint  Directors  or  Trustees  in  their  stead,  when- 
ever from  any  cause  there  are  no  Directors  or  Trustees,  or  not 
a  sufficient  number  thereof  to  constitute  a  quorum  for  the 
transaction  of  business;  or  when  from  any  cause  there  are  no 
Directors  or  Trustees,  the  Court  may  order  an  election  by  the 
stockholders  to  be  held  according  to  law.  Subject  to  this  right 
of  removal  and  appointment,  the  Directors  or  Trustees  of  all 
banking  corporations  in  liquidation  shall  be  permitted  to  con- 
tinue the  management  of  the  affairs  of  such  corporations  during 
the  process  of  liquidation,  under  the  direction  of  the  Bank 
Commissioners,  as  hereinafter  provided.  The  affairs  of  every 
corporation  mentioned  in  this  Act,  which  is  hereafter  forced  into 
liquidation  under  the  provisions  of  this  Act,  or  otherwise  goes 
into  liquidation,  shall  be  closed,  and  the  business  thereof  settled 
within  four  years  from  the  time  it  shall  enter  into  liquidation, 
unless  at  the  expiration  of  such  time  it  shall  obtain  the  consent, 


—  133  — 

in  writing,  from  a  majority  of  the  Board  of  Bank  Commis- 
sioners, to  continue  in  liquidation  for  a  longer  period.  The 
Bank  Commissioners  shall,  however,  have  no  power  to  grant  a 
continuance  for  such  purpose  for  a  longer  period  than  one  year 
at  each  time,  and  the  affairs  of  any  corporation  in  process  of 
liquidation  at  the  time  of  the  adoption  of  this  section,  as 
amended,  shall  be  closed  within  a  time  to  be  designated  by  such 
Bank  Commissioners.  Any  corporation  mentioned  herein  now 
in  liquidation,  or  that  hereafter  goes  into  liquidation,  shall  make 
reports  of  the  condition  of  its  affairs  to  the  Bank  Commis- 
sioners in  the  same  manner  as  the  solvent  banks  mentioned  in 
this  Act,  and  in  addition  thereto,  shall  state  the  amount  of 
dividends  paid,  debts  collected,  and  the  amounts  realized  on 
property  sold,  if  any,  since  the  previous  report.  The  Bank 
Commissioners  shall  have  the  power,  and  it  is  hereby  made 
their  duty,  to  examine  the  condition  of  every  such  corporation 
in  liquidation,  in  the  same  manner  as  in  the  case  of  solvent 
banks;  and  they  shall  have  a  general  supervision  of  any  such 
corporation.  They  shall  have  the  power  to  limit  the  number  of 
employes  necessary  to  close  up  the  business  of  any  such  corpo- 
ration, and  to  also  limit  the  salaries  of  the  same,  and  shall  do 
all  in  their  power  to  make  such  liquidation  economical  and  as 
expeditious  as  the  interests  of  the  depositors  and  stockholders 
will  admit.  If  any  officer  or  employe  of  any  corporation,  in- 
solvent or  in  liquidation,  mentioned  in  this  Act,  shall  refuse 
to  comply  with  the  provisions  of  this  section,  or  disregard  or 
refuse  to  obey  the  directions  of  said  Bank  Commissioners  given 
in  accordance  with  the  provisions  of  this  Act,  such  officer 
or  employe  shall  be  punished  by  a  fine  of  not  exceeding  five 
thousand  dollars,  or  by  imprisonment  in  the  county  jail  for  not 
exceeding  one  year,  or  by  both  such  fine  and  imprisonment,  as 
a  Court  of  competent  jurisdiction  may  determine. 

Sec.  8.  That  section  twelve  of  said  Act  is  hereby  amended 
to  read  as  follows: 

Section  12.  The  Bank  Commissioners  shall  each  receive  a 
salary  of  three  thousand  six  hundred  dollars  per  annum,  and 
necessary  traveling  expenses,  not  to  exceed,  for  the  three 
Commissioners,  the  sum  of  three  thousand  dollars  per  annum, 
to  be  audited  by  the  State  Controller  and  paid  by  the  State 
Treasurer,  in  the  same  manner  as  the  salaries  and  expenses  of 
other  State  officers.  No  person  while  holding  any  other  office, 
or  engaged  in  business  of  any  kind  requiring  his  personal 
attention  between  the  hours  of  nine  a.  m.  and  four  p.  m.,  shall 
serve  as  Bank  Commissioner. 

Sec.  9.  That  section  fourteen  of  said  Act  is  hereby  amended 
to  read  as  follows: 

Section  14.  The  Bank  Commissioners  shall  have  power  to 
appoint  a  Secretary,  at  a  salary  of  two  hundred  dollars  per 
month.  The  said  Commissioners  shall  keep  their  office  open 
for  business  from  nine  o'clock  a.  m.  until  four  o'clock  p.  m.  every 
day,  except  non-judicial  days.  They  shall  procure  rooms 
necessary  for  their  office,  at  a  rent  not  to  exceed  seventy-five 
dollars  per  month.     They  may  also  provide  stationery,  fuel, 


—  134  — 

and  other  conveniences  necessary  for  the  transaction  of  their 
duties,  not  exceeding  in  the  aggregate  the  sum  of  five  hundred 
dollars  per  annum.  All  expenditures  authorized  in  this  section 
shall  be  audited  and  paid  in  the  same  manner  as  the  salary  of 
the  Commissioners. 

Sec.  10.  That  section  fifteen  of  said  Act  is  hereby  amended 
to  read  as  follows: 

Section  15.  All  reports  required  to  be  made  to  the  Bank 
Commissioners  by  the  provisions  of  this  Act  shall  be  filed  and 
kept  on  file  by  the  Bank  Commissioners,  in  their  office,  and 
shall  be  open  to  the  inspection  of  the  public  during  their  office 
hours. 

Sec  11.  That  section  sixteen  of  said  Act  is  hereby  amended 
to  read  as  follows: 

Section  16.  To  pay  the  salaries  and  all  other  necessary 
expenses  of  the  Commissioners,  as  provided  for  by  this  Act, 
every  corporation  receiving  a  license  shall  pay  annually,  in 
advance,  to  the  Commissioners,  in  gold  coin,  its  share  of  the 
amount  required  to  pay  such  salaries  and  expenses;  the  share 
to  be  paid  by  any  corporation  to  be  determined  by  the  propor- 
tion which  its  deposits  bear  to  the  aggregate  deposits  of  all 
such  corporations  receiving  licenses,  as  shown  by  the  latest 
reports  of  such  corporations  to  the  Commissioners.  Said  Com- 
missioners shall,  on  demand  made  therefor,  and  without  charge, 
furnish  to  every  corporation,  society,  association,  company, 
institution,  firm,  person,  or  persons  mentioned  in  this  Act, 
copies  of  papers,  statements,  and  reports  filed  in  their  office,  and 
may,  as  provided  by  this  Act,  recover  any  and  all  moneys  pay- 
able to  them  by  any  corporation,  association,  society,  company, 
institution,  firm,  person,  or  persons,  herein  mentioned;  and  all 
moneys  collected  or  received  by  such  Bank  Commissioners,  or 
either  of  them,  under  or  by  virtue  of  the  provisions  herein, 
shall  be  by  them  delivered  to  the  Treasurer  of  this  State,  who 
shall  pay  the  same  into  a  fund  which  is  hereby  created,  and 
which  shall  be  known  as  the  "Bank  Commissioners'  Fund." 
And  the  unexpended  balances  of  all  moneys  heretofore  paid 
into  the  State  Treasury  by  said  Bank  Commissioners  shall 
be  transferred  to  said  fund  and  become  a  part  thereof. 

Sec  12.  That  section  twenty-three  of  said  Act  is  hereby 
amended  to  read  as  follows: 

Section  23.  Every  person,  or  number  of  persons,  not  being 
incorporated,  engaged  in  the  business  of  banking,  or  publicly 
receiving  money  on  deposit,  shall  conduct  such  business  under 
a  name  which  shall  show  the  true  names  of  all  persons  engaged 
in  said  business,  unless  such  person  or  persons  have  complied 
with  or  shall  forthwith  comply  with  the  provisions  of  article 
seven,  of  chapter  two,  title  ten,  part  four,  division  third,  of  the 
Civil  Code  of  this  State.  Every  person  engaged  for  himself,  or 
any  person  being  the  cashier,  manager,  or  agent  of  two  or 
more  persons,  not  incorporated,  engaged  in  the  business  of  bank- 
ing, or  publicly  receiving  money  on  deposit,  must,  three  times 
in  each  year,  or  oftener,  as  may  be  required  by  the  Board  of 
Bank  Commissioners,  make  a  report,  in  writing,  to  the  Com- 


—  135  — 

missioners,  verified  under  oath,  which  report  shall  show  the 
actual  financial  condition  of  the  said  business  on  any  past  day 
by  the  Commissioners  specified,  and  shall  also  state  the  facts 
required  to  be  stated  by  incorporated  banks  or  banking  corpo- 
rations in  section  nine  of  this  Act,  so  far  as  the  same  appertain 
to  said  business.  Such  reports  shall  be  transmitted  to  the 
Commissioners  within  fifteen  days  after  the  receipt  from  the 
Commissioners  of  a  request  or  requisition  therefor.  Every 
person  violating  any  of  the  provisions  of  this  section  is  guilty  of 
a  misdemeanor,  and  is  punishable  by  imprisonment  in  the 
county  jail  for  not  less  than  ninety  days  nor  more  than  six 
months,  or  by  fine  of  not  less  than  one  hundred  dollars  nor 
more  than  five  hundred  dollars,  or  by  both  such  fine  and 
imprisonment. 

Sec.  13.  A  new  section  is  hereby  added  to  said  Act,  to  be 
numbered  twenty-four,  and  read  as  follows: 

Section  24.  No  savings  bank,  or  bank,  or  banking  corpo- 
ration, shall  be  incorporated  in  this  State  and  conduct  such 
banking  business  in  a  city  or  town  of  five  thousand  inhabitants 
or  under  with  a  capital  stock  of  less  than  twenty-five  thousand 
dollars,  or  in  a  city  or  town  of  over  five  thousand  and  not 
exceeding  ten  thousand  inhabitants  with  a  capital  stock  of  less 
than  fifty  thousand  dollars,  or  in  a  city  or  town  of  over  ten 
thousand  and  not  exceeding  twenty-five  thousand  inhabitants 
with  a  capital  stock  of  less  than  one  hundred  thousand  dollars, 
or  in  a  city  or  town  of  over  twenty-five  thousand  inhabitants 
with  a  capital  stock  of  less  than  two  hundred  thousand  dollars. 
Before  the  Secretary  of  State  issues  to  any  corporation  that 
proposes  to  do  a  banking  business  his  certificate  of  the  filing  of 
the  articles  of  incorporation,  there  must  be  filed  in  his  office 
the  affidavit  of  the  persons  named  in  said  articles  as  the  first 
Directors  of  the  corporation,  that  all  the  capital  stock  has 
been  actually  and  in  good  faith  subscribed,  and  at  least  fifty 
per  centum  thereof  paid,  in  lawful  money  of  the  United  States, 
to  a  person  in  such  affidavit  named,  for  the  benefit  of  the  cor- 
poration. The  remainder  of  the  capital  stock  must  be  paid  in 
within  two  years  after  said  banking  corporation  receives  from 
the  Commissioners  its  first  license  to  transact  business,  and  if 
not  so  paid,  no  further  license  shall  be  issued  to  it;  provided, 
however,  that  the  provisions  of  this  section  shall  not  apply  to 
corporations  now  in  existence. 

Sec  14.  A  new  section  is  hereby  added  to  said  Act,  to  be 
numbered  twenty-five,  and  read  as  follows: 

Section  25.  The  Directors  of  any  savings  bank,  banku  or 
banking  corporation  having  a  capital  stock,  may  semi-annually 
declare  a  dividend  of  so  much  of  the  net  profits  of  the  stock- 
holders as  they  shall  judge  expedient;  but  every  such  corpora- 
tion shall,  before  the  declaration  of  such  dividend,  carry  at  least 
one  tenth  (yV)  part  of  the  net  profits  of  the  stockholders  for  the 
preceding  half  year  to  its  surplus  or  reserve  fund  until  the  same 
shall  amount  to  twenty-five  per  centum  of  its  paid-up  capital 
stock.  But  the  whole,  or  any  part  of  such  surplus  or  reserve 
fund,  if  held  as  the  exclusive  property  of  stockholders,  may  at 


—  136  — 

any  time  be  converted  into  paid-up  capital  stock,  in  which 
event  such  surplus  or  reserve  fund  shall  be  restored  in  manner 
as  above  provided  until  it  amounts  to  twenty-five  per  centum 
of  the  aggregate  paid-up  capital  stock.  A  larger  surplus  or 
reserve  fund  may  be  created,  and  nothing  herein  contained  shall 
be  construed  as  prohibitory  thereof. 

Sec.  15.  A  new  section  is  hereby  added  to  said  Act,  to  be 
numbered  twenty-six,  and  read  as  follows: 

Section  26.  The  use  of  the  word  bank,  or  any  other  word  or 
terms  denoting  or  implying  the  conduct  of  the  business  of  bank- 
ing, or  the  use  of  the  word  savings,  alone  or  in  connection  with 
other  words  denoting  or  implying  the  conduct  of  the  business  of 
a  savings  institution,  or  a  savings  and  loan  society,  is  hereby 
prohibited  to  all  persons,  firms,  associations,  companies,  or  cor- 
porations other  than  those  subject  to  the  supervision  of  the  Bank 
Commissioners  or  required  by  this  Act  to  report  to  them;  and 
no  license  as  in  this  Act  provided  shall  be  issued  by  the  Com- 
missioners to  any  corporation  that  does  not  receive  money  from 
the  public  as  deposits  in  manner  customary  with  commercial  or 
savings  banks.  Any  person,  firm,  association,  company,  or  cor- 
poration not  subject  to  the  supervision  of  the  Bank  Commis- 
sioners or  not  required  by  this  Act  to  report  to  them,  making 
use  of  terms  implying  conduct  of  a  bank,  savings  bank,  or  sav- 
ings and  loan  society,  by  means  of  signs,  advertisements,  letter 
heads,  bill  heads,  blank  notes,  blank  receipts,  certificates,  circu- 
lars, or  any  written  or  printed,  or  partly  written  and  partly 
printed,  paper  whatever,  having  thereon  any  artificial  or  cor- 
porate name  or  other  word  or  words  indicating  that  such 
business  is  the  business  of  a  bank,  savings  bank,  or  savings  and 
loan  society,  shall  forfeit  for  each  day  the  offense  is  continued 
the  sum  of  one  hundred  dollars,  to  be  recovered  as  provided  in 
this  Act. 

Sec.  16.  A  new  section  is  hereby  added  to  said  Act,  to  be 
numbered  twenty-seven,  and  read  as  follows: 

Section  27.  No  banker,  nor  officer  of  any  bank  or  corporation 
doing  a  banking  business,  shall  advertise  in  any  manner,  or 
publish  any  statement  of  the  capital  stock  authorized  or  sub- 
scribed, unless  he  advertise  and  publish  in  connection  there- 
with the  amount  of  capital  actually  paid  up.  Any  officer,  or 
the  officers  of  any  bank  or  corporation  doing  a  banking  busi- 
ness, advertising  in  any  manner,  or  publishing  a  statement  of 
the  capital  stock  of  such  bank  or  banking  corporation,  au- 
thorized or  subscribed,  without  the  statement  in  connection 
therewith  of  the  stock  actually  paid  up,  shall  be  guilty  of  a 
misdemeanor. 


—  137 


CHAPTER  CLXVIII. 

An  Act  to  amend  sections  one  thousand  nine  hundred  and  twelve, 
one  thousand  nine  hundred  and  nineteen,  one  thousand  nine 
hundred  and  twenty-three,  one  thousand  nine  hundred  and 
twenty-nine,  one  thousand  nine  hundred  and  thirty-two,  one 
thousand  nine  hundred  and  forty-two,  one  thousand  nine  hun- 
dred and  sixty-two,  one  thousand  nine  hundred  and  seventy, 
one  thousand  nine  hundred  and  eighty,  one  thousand  nine  hun- 
dred and  eighty-three,  one  thousand  nine  hundred  and  eighty- 
four,  one  thousand  nine  hundred  and  eighty-five,  one  thousand 
nine  hundred  and  ninety,  two  thousand  and  three,  two  thousand 
and  four,  two  thousand  and  seven,  two  thousand  and  twenty- 
two,  two  thousand  and  twenty-four,  two  thousand  and  twenty- 
seven,  two  thousand  and  forty,  two  thousand  and  forty-eight, 
two  thousand  and  seventy-six,  two  thousand  and  eighty-three, 
and  two  thousand  and  ninety-four  of  the  Political  Code  of  the 
State  of  California,  and  to  add  one  new  section  thereto,  to  be 
known  and  numbered  as  section  one  thousand  nine  hundred  and 
ninety-one,  and  to  repeal  sections  one  thousand  nine  hundred 
and  eighty-seven,  one  thousand  nine  hundred  and  eighty-eight, 
one  thousand  nine  hundred  and  eighty-nine,  and  two  thousand 
and  five  of  said  Code,  all  relating  to  the  National  Guard  of 
California. 

[Approved  March  26,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Section  one  thousand  nine  hundred  and  twelve  of 
the  Political  Code  is  hereby  amended  to  read  as  follows: 

1912.  The  organized  uniformed  militia  of  the  State  of 
California  are  known  as  the  National  Guard  of  the  State  of 
California.  This  force  shall  not  exceed  sixty-nine  companies, 
of  which  sixty  companies  shall  be  infantry  or  artillery,  as  the 
Board  of  Location  may  direct,  and  five  companies  of  the  Naval 
Battalion,  and  the  other  four  companies  shall  be  distributed  to 
such  arms  of  the  service  as  the  Board  of  Location  may  direct. 
The  National  Guard  must  be  located  throughout  the  State  with 
reference  to  the  military  wants  thereof,  means  of  concentration, 
and  other  military  requirements. 

Sec.  2.  Section  one  thousand  nine  hundred  and  nineteen  of 
the  Political  Code  is  hereby  amended  to  read  as  follows: 

1919.  All  staff  officers  shall  be  citizens  of  the  State  of 
California,  and  except  Surgeons,  Judges- Advocate,  and  Chap- 
lains shall  be  examined  as  prescribed  for  elective  officers  in 
section  one  thousand  nine  hundred  and  seventy-four  of  this 
Code  before  being  commissioned.  This  provision  shall  not 
apply  to  appointees  on  the  staff  of  the  Commander-in-Chief. 

Sec  3.  Section  one  thousand  nine  hundred  and  twenty-three 
of  the  Political  Code  is  hereby  amended  to  read  as  follows: 

1923.  All  moneys  hereafter  appropriated  for  the  purchase 
of  service  uniforms  or  equipments  shall  be  devoted  entirely  to  the 


—  138  — 

purchase  of  uniforms  and  necessary  equipments,  which  shall 
be  the  same  as  worn  by  similar  corps  in  the  United  States  Army, 
and  nothing  further  shall  be  expended  upon  dress  uniforms  or 
equipments.  Any  regiment,  unattached  battalion,  or  unattached 
company  may,  however,  adopt,  subject  to  the  approval  of  the 
Commander-in-Chief,  a  distinctive  dress  uniform  and  equip- 
ments, which  may  be  worn  on  all  occasions,  unless  otherwise 
ordered;  but  the  expense  of  providing  and  maintaining  such 
uniforms  and  equipments  shall  be  borne  entirely  by  the  organi- 
zation so  adopting.  There  shall  be  a  board  of  three  officers,  to 
be  detailed  by  the  Commander-in-Chief,  which  board  shall  meet 
from  time  to  time,  but  at  least  once  in  each  year,  for  the  pur- 
pose of  considering  and  recommending,  to  the  Commander-in- 
Chief  what  in  its  judgment  is  most  urgently  required  for  the 
uniforming  and  equipping  of  the  Guard  from  time  to  time. 

Sec.  4.  Section  one  thousand  nine  hundred  and  twenty-nine 
of  the  Political  Code  is  hereby  amended  to  read  as  follows: 

1929.  Any  enlisted  man  may  be  discharged  before  the 
expiration  of  his  term  of  service,  by  order  of  the  commanding 
officer  of  the  regiment  or  unattached  battalion,  or,  if  a  member 
of  an  unattached  company,  troop,  or  battery,  by  the  brigade 
commander,  on  the  recommendation  of  his  company  com- 
mander, and  also  for  any  of  the  following  reasons:  To  accept 
promotion  by  commission;  upon  removal  of  residence  from  the 
State,  or  out  of  the  bounds  of  the  command  to  which  he 
belongs  to  so  great  a  distance  that,  in  the  opinion  of  the  com- 
manding officer,  he  cannot  properly  perform  his  military  duty; 
upon  disability,  established  by  certificate  of  a  medical  officer; 
whenever  such  commanding  officer  shall  approve  the  appli- 
cation of  two  thirds  of  the  members  of  a  company  requesting 
the  discharge  of  an  enlisted  man  thereof,  and  if,  at  a  regular 
meeting  of  a  company,  or  of  a  meeting  called  for  that  purpose, 
two  thirds  of  the  members  of  a  company  desire  by  vote  the 
discharge  of  one  of  their  members,  an  application  for  the 
discharge  of  such  soldier  shall  be  made  by  the  company  com- 
mander. Or  he  may  be  dishonorably  discharged  for  either  of 
the  following  reasons:  Upon  conviction  of  felony  in  a  civil 
Court;  by  sentence  of  a  court-martial.  A  character  shall  be 
attached  to  all  discharges.  Every  member  of  the  National  Guard 
dishonorably  discharged  from  the  military  service  of  the  State 
of  California  shall  be  disfranchised  for  the  period  of  one  year 
next  ensuing  such  discharge.  The  discharges  herein  provided 
shall  be  made  by  the  commanding  officer  of  the  regiment  or 
unattached  battalion,  and  in  the  case  of  members  of  unattached 
companies,  troops,  or  batteries,  by  the  brigade  commander. 

Sec  5.  Section  one  thousand  nine  hundred  and  thirty-two 
of  the  Political  Code  is  hereby  amended  to  read  as  follows: 

1932.  No  dishonorably  discharged  non-commissioned  offi- 
cer, artificer,  musician,  or  private,  or  member  of  a  company 
dishonorably  discharged  from  the  National  Guard,  shall  be  per- 
mitted to  again  enter  any  company  of  the  National  Guard, 
except  the  offense  is  pardoned  by  the  Commander-in-Chief.  No 
dishonorably  discharged  officer  of  the  National  Guard  of  Cali- 


—  139  — 

fornia  shall  be  permitted  to  hold  any  office  of  trust  or  emolu- 
ment, nor  be  permitted  to  again  enter  any  company  of  the 
National  Guard,  except  the  offense  be  pardoned  by  the  Com- 
mander-in-Chief. 

Sec.  6.  Section  one  thousand  nine  hundred  and  forty-two  of 
the  Political  Code  is  hereby  amended  to  read  as  follows: 

1942.'  The  colors  carried  by  organizations  of  the  National 
Guard  shall  be  such  as  are  borne  by  similar  organizations  of  the 
United  States  Army,  except  that  the  regimental  or  battalion 
colors  shall  have  thereon  the  State  coat  of  arms,  instead  of  the 
arms  of  the  United  States;  and  no  military  organization  provided 
for  by  the  Constitution  and  laws  of  the  State,  and  receiving  State 
support,  shall,  while  under  arms,  either  for  ceremony  or  duty, 
carry  any  device,  banner,  or  flag  of  any  State  or  Nation,  except 
that  of  the  United  States  or  of  the  State  of  California.  It  shall 
not  be  lawful  for  any  body  of  men  whatever,  other  than  the 
regular  organized  National  Guard  of  this  State,  and  the  troops 
of  the  United  States,  to  associate  themselves  together  as  a  mili- 
tary company  or  organization,  to  drill  or  parade  with  arms  in 
this  State,  without  the  license  of  the  Governor  thereof,  which 
license  may  at  any  time  be  revoked;  provided,  that  students  in 
educational  institutions  where  military  science  is  a  part  of  the 
course  of  instruction  may,  with  the  consent  of  the  Governor, 
drill  and  parade  with  arms,  in  public  under  the  superintend- 
ence of  their  instructor ;  and  provided  further,  that  nothing 
herein  contained  shall  be  so  construed  as  to  prevent  benevolent 
or  social  organizations  from  wearing  swords.  Any  person  or 
persons  violating  any  of  the  provisions  of  this  section  shall  be 
guilty  of  a  misdemeanor  and  subject  to  arrest  and  punishment 
therefor. 

Sec.  7.  Section  one  thousand  nine  hundred  and  sixty-two 
of  the  Political  Code  is  hereby  amended  to  read  as  follows: 

1962.  The  companies,  troops,  and  batteries  of  the  National 
Guard  shall  be  composed  of  officers  and  men  as  follows: 

1.  Each  company  of  infantry  shall  have  not  less  than  fifty 
nor  more  than  one  hundred  and  three  officers,  non-commis- 
sioned officers,  and  privates,  which  must  include  one  com- 
missioned officer,  and  may  include  one  Captain,  one  First 
Lieutenant,  one  Second  Lieutenant,  one  First  Sergeant,  one 
Quartermaster-Sergeant,  four  Sergeants,  eight  Corporals,  and 
two  musicians. 

2.  Each  troop  of  cavalry  shall  have  not  less  than  fifty  nor 
more  than  one  hundred  and  three  officers,  non-commissioned 
officers,  and  privates,  which  must  include  one  commissioned 
officer,  and  may  include  one  Captain,  two  First  Lieutenants, 
one  Second  Lieutenant,  one  First  Sergeant,  one  Quartermaster- 
Sergeant,  four  Sergeants,  eight  Corporals,  two  trumpeters,  two 
farriers,  and  one  saddler. 

3.  Each  foot  battery  shall  have  not  less  than  fifty  nor  more 
than  one  hundred  and  three  officers,  non-commissioned  officers, 
and  privates,  which  must  include  one  commissioned  officer, 
and  may  include  one  Captain,  one  First  Lieutenant,  one 
Second  Lieutenant,  one  First  Sergeant,  one  Quartermaster- 
Sergeant,  four  Sergeants,  eight  Corporals,  and  two  trumpeters. 


—  140  — 

4.  Each  field  battery  shall  have  not  less  than  sixty-one 
nor  more  than  one  hundred  and  forty-nine  officers,  non- 
commissioned officers,  and  privates,  which  must  include  one 
commissioned  officer,  and  may  include  one  Captain,  two  First 
Lieutenants,  one  Second  Lieutenant,  one  First  Sergeant,  one 
Quartermaster-Sergeant,  six  Sergeants,  eight  Corporals,  two 
trumpeters,  two  farriers,  and  one  saddler. 

5.  The  Naval  Battalion  shall  be  commanded  by  a  Lieutenant- 
Commander.  Each  company  shall  consist  of  one  Lieutenant, 
one  Lieutenant  Junior  Grade,  two  Ensigns,  and  not  less  than 
fifty  nor  more  than  one  hundred  petty  officers  and  men. 

6.  The  numerical  strength,  rank,  titles,  and  insignia  of  rank 
of  the  companies,  troops,  and  batteries,  and  their  officers  and 
men,  of  the  National  Guard  shall  conform  to  the  laws,  rules 
and  regulations  of  the  United  States  Army  so  far  as  the  same 
may  be  effectively  applicable;  and  upon  changes  being  made 
in  the  said  laws,  rules  and  regulations  of  the  United  States 
Army,  the  Commander-in-Chief  of  the  National  Guard  shall 
cause  the  same  changes  to  be  made  in  the  National  Guard  to 
correspond  thereto  so  far  as  they  may  be  effectively  applicable 
as  aforesaid. 

7.  Each  company,  troop,  or  battery  may  have  not  to  exceed 
ten  honorary  members,  who  shall  pay  fifty  dollars  per  annum 
each  into  the  company,  troop,  or  battery  treasury,  and  shall 
thereupon  be  entitled  to  all  the  exemptions  to  which  men  on 
the  active  list  are  entitled,  and  shall  not  be  required  to  drill  or 
perform  any  military  duty  by  reason  of  such  membership. 

Sec.  8.  Section  one  thousand  nine  hundred  and  seventy  of 
the  Political  Code  is  hereby  amended  to  read  as  follows: 

1970.  There  must  be  an  annual  inspection  and  muster 
of  the  National  Guard  between  January  first  and  June  thirtieth, 
each  year,  by  brigade,  regiment,  battalion,  or  company,  as  may 
be  deemed  advisable  by  the  brigade  commander;  and  the  com- 
manding officer  of  each  company  must  make  out  and  certify  the 
necessary  muster  rolls,  showing  the  names  and  number  of  the 
members  of  the  company,  the  officers  in  the  order  of  their  rank, 
and  the  privates  in  alphabetical  order,  and  also  a  list  of  the 
ordnance,  ordnance  stores,  clothing,  and  other  property  of  the 
State,  in  the  possession  of  the  company.  He  must  transmit, 
through  the  proper  military  channels,  one  copy  of  the  roll  and 
list  attached  to  each  superior  headquarters. 

Sec.  9.  Section  one  thousand  nine  hundred  and  eighty  of 
the  Political  Code  is  hereby  amended  so  as  to  read  as  follows: 

1980.  There  shall  be  mustered  in  and  attached  to  the 
National  Guard  a  detachment  of  signal  men,  which  shall  be 
divided  into  three  signal  corps,  each  to  consist  of  not  less  than 
twenty  nor  more  than  forty  men;  provided,  that  each  corps  shall 
be  located  in  its  entirety  at  one  place.  Each  corps  of  forty  men 
shall  be  officered  by  one  Captain,  one  First  Lieutenant,  three 
Sergeants,  and  four  Corporals.  Each  corps  of  less  than  forty 
men  shall  be  officered  by  one  First  Lieutenant,  three  Sergeants, 
and  four  Corporals.  The  commissioned  officers  shall  be  elected, 
qualify,  and  serve  as  is  provided  for  other  officers  of  the  line. 


—  141  — 

The  non-commissioned  officers  shall  be  appointed  by  the  brigade 
commander  upon  recommendation  of  the  brigade  signal  officer. 
The  brigade  signal  officer  shall  have  direct  supervision  of  the 
detachment  of  signal  corps,  and  the  corps  commander  shall 
report  to  him  direct.  Whenever  the  signal  corps  shall  be 
mounted  in  the  performance  of  active  duty,  each  officer  and 
man  so  mounted  shall  receive  a  per  diem  of  two  dollars  dur- 
ing the  time  of  such  service.  Whenever  a  State  appropriation 
shall  be  made  for  supplying  horses  to  mounted  officers  and  com- 
mands, the  signal  corps  shall  receive  a  proportionate  allowance 
from  said  fund;  provided,  that  mounted  service  is  being  per- 
formed by  the  corps  at  such  time. 

Sec.  10.  Section  one  thousand  nine  hundred  and  eighty- 
three  of  the  Political  Code  is  hereby  amended  to  read  as  follows: 

1983.  Regiments  of  cavalry  and  artillery  shall  consist  of 
such  troops,  batteries,  and  officers  as  are  provided  for  such 
organizations  in  the  United  States  Army,  when  the  National 
Guard  shall  contain  sufficient  troops  or  batteries  to  form  regi- 
ments under  those  provisions. 

Sec.  11.  Section  one  thousand  nine  hundred  and  eighty- 
four  is  hereby  amended  to  read  as  follows: 

1984.  The  field  officers  of  a  regiment  are  one  Colonel, 
one  Lieutenant-Colonel,  and  one  Major  for  each  battalion.  The 
field  officers  of  a  battalion,  when  composed  of  less  than  six 
companies  and  more  than  three,  are  one  Lieutenant-Colonel 
and  one  Major;  when  composed  of  two  or  three  companies, 
then  one  Major  only.  No  person  shall  be  eligible  for  election 
as  a  field  officer  unless  he  shall  have  served  at  least  two  years 
in  the  National  Guard  of  some  State;  provided,  that  service  in 
the  regular  or  volunteer  forces  of  the  United  States  shall  be 
counted  as  service  in  the  National  Guard. 

Sec  12.  Section  one  thousand  nine  hundred  and  eighty-five 
of  the  Political  Code  is  hereby  amended  to  read  as  follows: 

1985.  Such  officers  are  elected  by  the  commissioned  offi- 
cers of  the  different  companies  comprising  a  regiment  or  bat- 
talion; and  if  the  regiment  or  battalion  is  already  formed,  by 
all  the  commissioned  officers  thereof  excepting  staff  officers,  and 
they  shall  hold  office  for  the  term  of  four  years.  Upon  applica- 
tion of  the  officers  entitled  to  elect,  the  General  of  brigade  to 
which  such  regiment  or  battalion  is  attached,  or  to  be  attached, 
must  appoint  a  suitable  person  to  preside  at  the  election,  who 
must  give  ten  days'  notice  of  his  appointment,  of  the  place 
of  holding  the  election,  and  of  the  office  to  be  filled,  which 
notice  shall  be  issued  and  promulgated  as  orders  usually  are 
in  the  command.  The  brigade  commander  may  order  an 
election  for  field  or  line  officers  if  application  is  not  made  for 
an  order  for  an  election  within  two  months  after  the  vacancy 
occurs,  or  after  the  expiration  of  the  term  for  which  the  officer 
was  last  elected. 

Sec  13.  Section  one  thousand  nine  hundred  and  eighty- 
seven  of  the  Political  Code,  relating  to  the  formation  of  light 
artillery  battalions  in  the  National  Guard,  is  hereby  repealed. 

Sec  14.  Section  one  thousand  nine  hundred  and  eighty- 
eight  of  the  Political  Code,  relating  to  elections  and  appoint- 


—  142  — 

merits  in  artillery  battalions  in  the  National  Guard,  is  hereby- 
repealed. 

Sec.  15.  Section  one  thousand  nine  hundred  and  eighty- 
nine  of  the  Political  Code,  relating  to  drills  of  artillery 
battalions  in  the  National  Guard,  is  hereby  repealed. 

Sec  16.  Section  one  thousand  nine  hundred  and  ninety  of 
the  Political  Code  is  hereby  amended  to  read  as  follows: 

1990.  The  staff  of  a  Colonel  commanding  a  regiment 
consists  of  one  Surgeon,  with  rank  of  Major;  one  Adjutant,, 
with  rank  of  Captain;  one  Assistant  Surgeon,  with  rank  of 
Captain;  one  Chaplain,  with  rank  of  Captain;  one  Battalion 
Adjutant  for  each  battalion;  one  Quartermaster,  who  shall  also 
act  as  Paymaster;  one  Commissary;  one  Inspector  of  Rifle 
Practice,  who  shall  be  Ordnance  Officer,  each  with  the  rank  of 
First  Lieutenant;  one  Sergeant-Major,  one  Principal  Musician, 
one  Quartermaster-Sergeant,  one  Commissary  Sergeant,  one 
Hospital  Steward,  two  Color  Sergeants,  one  Battalion  Sergeant- 
Major  for  each  battalion,  one  Drum  Major.  All  of  whom  shall 
be  appointed  by  and  hold  office  at  the  pleasure  of  the  Colonel, 
or  until  their  successors  are  appointed  and  qualified. 

The  staff  of  a  Lieutenant-Colonel  or  Major  commanding  an 
unattached  battalion  consists  of  one  Adjutant,  with  the  rank  of 
First  Lieutenant;  one  Assistant  Surgeon,  with  the  rank  of  Cap- 
tain; one  Commissary,  who  shall  also  be  Quartermaster;  one 
Inspector  of  Rifle  Practice,  who  shall  also  be  Ordnance  Officer, 
each  with  the  rank  of  Second  Lieutenant;  one  Sergeant-Major; 
one  Commissary  Sergeant,  who  shall  also  be  Quartermaster- 
Sergeant;  one  Hospital  Steward,  and  two  Color  Sergeants.  All 
of  whom  shall  be  appointed  by  such  commanding  officer,  and 
hold  office  at  his  pleasure  or  until  their  successors  are  appointed 
and  qualified. 

Sec.  17.  A  new  section  is  hereby  added  to  the  Political 
Code,  to  be  known  and  numbered  as  section  one  thousand  nine 
hundred  and  ninety-one,  and  to  read  as  follows: 

1991.  All  Surgeons  and  Assistant  Surgeons  of  the  Na- 
tional Guard  shall  be  of  at  least  five  years'  practice  in  sur- 
gery prior  to  their  appointment;  all  Judges- Advocate  of  the 
National  Guard  shall  be  members  of  the  bar  of  the  Supreme 
Court  of  the  State  of  California;  all  Engineer  Officers  of  the 
National  Guard  shall  be  regular  civil  engineers;  all  Chaplains 
shall  be  regularly  ordained  ministers. 

Sec  18.  Section  two  thousand  and  three  of  the  Political 
Code  is  hereby  amended  to  read  as  follows: 

2003.  The  National  Guard  of  the  State  of  California 
is  hereby  organized  into  three  brigades,  each  commanded  by  a 
Brigadier-General,  the  limits  of  each  brigade  to  be  fixed  by  the 
Commander-in-Chief.  Brigadier-Generals  and  their  staff  offi- 
cers deprived  of  their  office  by  reason  of  the  reorganization 
hereby  provided  for,  are  hereby  placed  on  the  retired  list  with 
their  rank. 

Sec  19.  Section  two  thousand  and  four  of  the  Political  Code 
is  hereby  amended  to  read  as  follows: 

2004.  The  three  brigades  of  the  National  Guard  compose 
a  division,  commanded  by  a  Major- General. 


—  143  — 

Sec.  20.  Section  two  thousand  and  five  of  the  Political 
Code,  relating  to  the  attaching  of  new  counties  to  brigades,  is 
hereby  repealed. 

Sec.  21.  Section  two  thousand  and  seven  of  the  Political 
Code  is  hereby  amended  to  read  as  follows: 

2007.  The  staff  of  the  Brigadier-General  consists  of  one 
Assistant  Adjutant-General,  with  the  rank  of  Lieutenant- 
Colonel,  who  shall  be  chief  of  staff;  one  Engineer  Officer;  one 
Brigade  Inspector;  one  Quartermaster,  who  shall  act  as  Pay- 
master; one  Commissary;  one  Judge- Advocate;  one  Inspector 
of  Rifle  Practice,  who  shall  also  act  as  Ordnance  Officer,  and 
one  Signal  Officer,  each  with  the  rank  of  Major;  one  Surgeon, 
with  the  rank  of  Lieutenant-Colonel;  two  Aids-de-Camp,  with 
the  rank  of  Captain,  and  two  Staff  Orderlies,  with  the  rank  of 
Sergeant-Major.  All  of  whom  shall  be  appointed  by  the 
Brigadier-General,  and  hold  office  at  his  pleasure,  or  until  their 
successors  are  appointed  and  qualified. 

Sec  22.  Section  two  thousand  and  twenty-two  of  the  Polit- 
icarCode  is  hereby  amended  so  as  to  read  as  follows: 

2022.  The  Commander-in-Chief  may  annually  order  an 
encampment  for  discipline  and  drill,  either  by  division,  brigade, 
regiment,  battalion,  or  unattached  company;  and  all  troops 
assembled  and  encamped  under  orders  of  the  Commander-in- 
Chief  for  not  less  than  seven  days  shall  receive  a  sum  equal 
to  one  dollar  and  twenty-five  cents  per  day  for  each  officer  and 
man  regularly  on  duty  in  such  camp;  provided,  that  the  aggre- 
gate for  each  company  of  such  last  mentioned  allowance  of  one 
dollar  and  twenty-five  cents  per  day  shall  not  exceed  the  sum 
of  four  hundred  dollars  per  company;  all  officers  and  men 
shall  receive  in  addition  to  the  above  allowance  the  actual  fare 
to  and  from  the  place  of  encampment;  and  provided  further, 
that  when  the  division  or  a  brigade  is  regularly  assembled  and 
encamped  for  discipline  and  drill  for  not  less  than  seven  days, 
then  in  addition  to  the  above  allowance,  the  Major-General, 
Brigadier-General,  and  each  staff  officer  on  the  general  staff, 
shall  receive  from  the  State  the  sum  of  one  dollar  and  twenty- 
five  cents  per  day  while  regularly  on  duty  in  such  camp;  and 
provided  further,  that  in  any  camp  held  in  pursuance  of  orders 
from  the  Commander-in-Chief,  all  mounted  officers  and  enlisted 
men  shall  receive  the  sum  of  two  dollars  per  day  for  each  horse 
pecessarily  used  by  them  at  such  encampment;  and  provided 
further,  that  by  all  officers  and  enlisted  men  of  companies  of  the 
Naval  Battalion  such  services  may  be  performed  afloat. 

Sec  23.  Section  two  thousand  and  twenty-four  of  the  Polit- 
ical Code  is  hereby  amended  to  read  as  follows: 

2024.  All  mounted  commands  must  drill  mounted  at  least 
four  times  each  year. 

Sec  24.  Section  two  thousand  and  twenty-seven  of  the 
Political  Code  is  hereby  amended  to  read  as  follows: 

2027.  Companies,  troops,  and  batteries  already  organized 
may  wear  uniforms  and  equipments  now  in  use,  until  supplied 
by  the  State  with  the  service  uniform  and  equipments;  after 
which  no  uniforms  and  equipments  other  than  those  so  supplied 


—  144  — 

shall  be  worn,  except  that  a  dress  uniform  may  be  worn,  as 
provided  in  section  one  thousand  nine  hundred  and  twenty- 
three  of  this  Code.  No  money  of  the  State  shall  be  used  or 
applied  to  the  purchase  of  the  uniforms  and  equipments  other 
than  those  in  this  section  mentioned.  All  non-commissioned 
officers,  musicians,  and  privates  of  a  company,  or  of  a  general, 
brigade,  regiment,  or  battalion  staff,  the  members  of  the  signal 
corps,  and  of  the  hospital  and  ambulance  corps,  and  of  regu- 
larly organized  and  enlisted  bands  (which  bands  shall  not 
exceed  in  number  twenty-five  each),  shall  be  furnished  with 
.service  uniforms  and  equipments  at  the  expense  of  the  State. 
Such  uniforms  and  equipments  shall  be  issued  to  the  division 
brigades,  regiments,  and  companies,  upon  requisition,  in  such 
form  as  may  be  prescribed.  The  service  uniform  and  equip- 
ments shall  be  issued  to  the  several  organizations  of  the 
National  Guard  upon  requisition  of  the  proper  officer.  The 
commanding  officer  of  each  organization  shall  be  responsible 
for  the  keeping  and  return  of  all  uniforms  and  other  military 
property  committed  to  his  charge.  Each  commanding  officer 
who  shall  receive  uniforms  and  equipments,  or  portions  of 
uniforms  or  equipments,  for  the  use  of  his  command,  shall  dis- 
tribute the  same  to  his  command  as  he  shall  deem  proper.  The 
service  uniform  and  equipments  shall  be  furnished,  as  afore- 
said, by  a  board,  which  is  hereby  provided,  to  consist  of  three 
commissioned  officers,  to  be  appointed  by  the  Commander-in- 
Chief.  This  board  is  authorized  and  directed  to  purchase  the 
cloth,  arrange  for  its  cutting,  and  also  for  its  making,  when 
required  by  the  commander  of  any  organization,  and  also  to 
purchase  equipments  ;  and  the  bills  of  said  board  shall  be 
audited,  allowed,  and  paid  as  are  other  military  demands. 
This  board  shall  also  fix  the  maximum  price  or  cost  of  the 
making  of  each  article  of  uniform,  and  shall  permit,  upon 
proper  requisition  of  division,  brigade,  regiment,  or  unattached 
battalion  or  company,  to  draw  the  money  instead  of  the  cloth, 
or  the  cost  of  its  making,  or  either,  and  provide  itself  with  a 
corresponding  number  or  articles  of  uniform;  provided,  that 
the  bills  therefor  shall  be  audited,  allowed,  and  paid  as  other 
military  demands. 

Sec.  25.  Section  two  thousand  and  forty  of  the  Political 
Code  is  hereby  amended  to  read  as  follows: 

2040.  In  case  of  the  absence  of  the  Commander-in-Chief 
from  the  Capital,  or  if  it  is  impossible  to  immediately  commu-' 
nicate  with  him,  the  civil  or  military  officer  making  the  requisi- 
tion for  troops  may,  if  he  deem  the  danger  imminent,  and  not 
admitting  of  delay,  serve  a  copy  of  such  requisition,  together 
with  a  statement  of  the  Commander-in-Chiefs  absence,  or  the 
impossibility  of  immediately  communicating  with  him,  upon 
the  division  commander,  or  in  his  absence,  upon  the  General 
commanding  the  brigade,  who  is  authorized  to  exercise,  with 
respect  to  calling  out  the  troops  of  his  division  or  brigade,  the 
powers  conferred  in  this  section  upon  the  Commander-in-Chief; 
but  if  the  call  is  disapproved  by  the  Commander-in-Chief,  the 
troops  so  called  into  service  must  be  immediately  relieved  from 


—  145  — 

such  tour  of  duty.  Officers  and  men  performing  duty  in  re- 
sponse to  any  call  as  provided  herein,  shall,  upon  the  proper 
rolls  being  approved  by  the  Board  of  Military  Auditors,  receive 
their  pay  therefor  out  of  any  money  in  the  State  Treasury  not 
otherwise  appropriated,  and  the  State  Controller  is  hereby 
directed  to  draw  his  warrant  therefor,  and  the  Treasurer  is 
hereby  directed  to  pay  the  same. 

Sec.  26.  Section  two  thousand  and  forty-eight  of  the  Polit- 
ical Code  is  hereby  amended  to  read  as  follows: 

2048.  Where  troops  are  called  into  active  service  from 
different  brigades  or  regiments,  and  the  number  so  called  are 
not  more  than  sufficient  to  constitute  one  complete  regiment, 
the  Commander-in-Chief  must  so  organize  them,  and  must 
designate  the  particular  officer  to  command  it;  or  he  may  make 
such  other  organization  of  said  troops  as  he  may  deem  proper, 
and  designate  the  officer  to  command. 

Sec.  27.  Section  two  thousand  and  seventy-six  of  the  Polit- 
ical Code  is  hereby  amended  to  read  as  follows: 

2076.     The  following  officers  may  appoint  courts-martial: 

1.  The  Commander-in-Chief,  for  the  trial  of  general  officers, 
retired  officers,  and  all  officers  of  the  staff  of  the  Commander- 
in-Chief. 

2.  The  Major-General,  for  the  trial  of  all  staff  officers  of  the 
division  and  brigades,  and  of  field  officers  of  regiments  and 
battalions. 

3.  The  Brigadier-General,  for  the  trial  of  officers  and  soldiers 
in  their  respective  brigades. 

4.  The  commanding  officers  of  regiments  and  unattached 
battalions,  for  the  trial  of  all  enlisted  men  in  their  respective 
commands.  For  the  trial  of  enlisted  men  of  regiments  or  bat- 
talions the  commanding  officers  thereof  may,  at  any  time, 
appoint  a  summary  court-martial,  to  consist  of  one  officer,  whose 
rank  is  not  below  that  of  Captain.  For  the  trial  of  enlisted 
men  of  unattached  companies,  troops,  or  batteries,  the  brigade 
commander  may,  at  any  time,  appoint  a  summary  court-mar- 
tial, to  consist  of  a  First  Lieutenant  of  such  company,  troop,  or 
battery. 

5.  The  officer  appointing  said  court  shall  fix  the  day  on  which 
it  shall  convene,  and  when  convened  the  court  may  adjourn 
from  time  to  time,  as  shall  become  necessary  for  the  transac- 
tion of  business;  but  the  whole  session  of  the  court,  from  the 
day  on  which  it  shall  convene  until  its  dissolution,  shall  not 
exceed  three  weeks,  and  in  case  any  vacancy  shall  happen  in 
the  court,  or  a  new  court  shall  be  required,  the  officer  ordering 
the  court,  or  his  successor  in  command,  may  fill  such  vacancy, 
or  order  a  new  court. 

6.  The  officer  constituting  such  court  shall,  before  he  enters 

on  his   duties  as   such,   take  the  following  oath:  I,  ,  do 

swear  (or  affirm)  that  I  will  well  and  truly  try  and  determine, 
according  to  evidence,  all  matters  between  the  People  of  the 
State  of  California  and  any  person  or  persons  who  may  come 
before  the  summary  court-martial  to  which  I  have  been 
appointed.     And   such  oath  shall  be  taken  by  him  before  a 

10 


—  146  — 

Justice  of  the  Peace  of  the  county  in  which  he  resides,  or  a  field 
officer,  and  it  shall  be  the  duty  of  such  Justice  of  the  Peace  or 
field  officer  to  administer  the  oath  without  fee  or  reward. 

7.  Such  court  shall  direct  a  non-commissioned  officer,  or  other 
fit  person  or  persons  to  be  by  him  designated,  to  summon  all 
delinquents  and  parties  accused  to  appear  before  the  court  at  a 
time  and  place  to  be  by  him  appointed,  which  service  shall  be 
personal  or  by  leaving  such  summons  at  the  residences  of  such 
delinquents  and  parties  accused. 

8.  Such  non-commissioned  officer,  or  other  person  or  persons 
so  designated,  shall  make  the  like  returns  and  with  like  effect 
as  commissioned  and  non-commissioned  officers  are  authorized 
and  required  to  make  in  cases  of  warning  to  a  company  or 
regimental  parade,  and  shall  be  subject  to  the  like  penalties 
for  neglect  of  duty. 

9.  The  court  shall  be  conducted  in  the  same  manner  as 
summary  courts-martial  are  in  the  service  of  the  United  States, 
and  shall  have  the  trial  of  all  offenses,  delinquencies,  and  defi- 
ciencies that  occur  in  the  regiment  or  battalion  for  which  it  shall 
have  been  appointed,  and  also  of  any  that  occur  in  the  separate 
companies,  troops,  or  batteries;  and  the  said  court  shall  have 
power  to  impose  and  direct  to  be  levied  all  the  fines  or  penal- 
ties to  which  enlisted  men  are  declared  to  be  subject  by  the 
provisions  of  this  chapter. 

10.  The  proceedings  and  sentence  of  any  such  court  shall, 
without  delay,  be  delivered  to  the  officer  ordering  the  court, 
who  shall  approve  or  disapprove  the  same  within  fifteen  days 
thereafter,  and  shall  give  notice  of  his  approval  or  disapproval 
to  the  President  thereof;  and  from  the  sentence  of  any  such 
court  imposing  a  fine  or  penalty  for  any  offense,  delinquency, 
or  deficiency,  an  appeal,  if  made  within  twenty  days  after  the 
fine  or  penalty  was  made  known  to  the  person  fined,  shall  be 
allowed  to  the  officer  ordering  the  court,  or  to  his  successor  in 
command,  and  he  may  remit  or  mitigate  such  penalty  or  fine. 

Sec.  28.  Section  two  thousand  and  eighty-three  of  the 
Political  Code  of  California  is  hereby  amended  to  read  as  fol- 
lows: 

2083.  Courts  of  Inquiry  are  governed  by  the  same  rules 
as  similar  courts  in  the  Army  of  the  United  States.  They  shall 
have  the  same  power  to  compel  the  attendance  of  witnesses  when 
summoned  by  them,  to  preserve  order  in  and  about  the  court- 
room during  sessions,  and  to  punish  for  contempt,  as  Judges  of 
the  Superior  Court  have  under  the  laws  of  this  State. 

Sec.  29.  Section  two  thousand  and  ninety-four  of  the  Polit- 
ical Code  is  hereby  amended  to  read  as  follows: 

2094.  There  must  be  audited  and  allowed  by  the  Board 
of  Military  Auditors,  and  paid  out  of  the  appropriation  for 
military  purposes,  upon  the  warrant  of  the  State  Controller,  to 
the  commanding  officer  of  each  infantry  or  artillery  company 
of  the  National  Guard,  the  sum  of  one  hundred  dollars  per 
month;  to  the  commanding  officer  of  each  light  battery  having 
not  less  than  four  guns,  with  which  they  regularly  drill  and 
parade,  and  to  the  commanding  officer  of  each  troop  of  cavalry, 


—  147  — 

the  sum  of  two  hundred  dollars  per  month;  and  to  the  com- 
manding officer  of  each  company  of  the  Naval  Battalion,  the 
sum  of  one  hundred  dollars  per  month;  the  sum  so  paid  to  be 
used  for  armory  rent,  care  of  arms,  and  proper  incidental 
expenses  of  the  company.  There  must  also  be  audited,  allowed, 
and  paid  out  of  the  same  appropriations,  to  the  commanding 
officer  of  each  regiment  or  battalion,  the  sum  of  five  dollars  per 
month  for  each  company  in  his  command  for  clerical  expenses, 
stationery,  printing,  and  postage;  and  if  the  regiment  or  bat- 
talion has  more  than  four  companies,  and  has  attached  to  it  an 
organized  and  uniformed  band  of  not  less  than  twenty  people, 
the  additional  sum  of  thirty-five  dollars  per  month  for  such 
band;  to  the  Major-General,  four  hundred  dollars  per  annum; 
to  the  Brigadier-General  of  each  brigade,  three  dollars  per 
month  for  each  company  in  his  brigade,  and  to  each  company 
a  sum  necessary  for  uniforms,  and  to  keep  the  same  in  repair, 
not  to  exceed  one  hundred  and  fifty  dollars  per  annum;  and  to 
the  Adjutant-General,  four  thousand  dollars  per  annum,  to  be 
expended  by  him  in  promoting  rifle  practice.  There  shall  also 
be  paid  from  the  military  appropriations  of  the  State  a  sum  not 
exceeding  five  hundred  dollars  for  the  first  year  of  its  existence, 
to  the  Brigadier-Generals  for  a  hospital  and  ambulance  corps 
in  their  respective  brigades,  which  sum  shall  be  expended  in 
the  purchasing  of  proper  supplies,  equipments,  and  medicines 
for  such  corps;  and  thereafter  to  such  corps  there  shall  be  paid 
a  sum,  for  the  same  purpose,  of  not  exceeding  five  hundred 
dollars  per  annum. 

Sec.  30.     This  Act  shall  take  effect  immediately. 


CHAPTER  CLXIX. 

An  Act  to  provide  for  the  letting  of  contracts  for  lighting  of  streets 
and  public  buildings  in  cities  and  towns  in  the  State  of  Cali- 
fornia. 

[Approved  March  26,  1895.] 

The  People  of  the  State  of  California,  represented  in  the  Senate 
and  Assembly,  do  enact  as  follows: 

Section  1.  Before  any  city  or  town  in  the  State  of  Califor- 
nia shall  enter  into  any  contract  for  the  lighting  of  its  streets, 
or  public  buildings,  or  other  public  places,  the  City  Council, 
or  Trustees,  or  other  governing  body  of  such  city  or  town,  shall 
advertise  for  bids  for  such  lighting,  and  cause  a  notice  to  be 
posted  in  three  public  places  in  the  city  or  town,  inviting  sealed 
proposals  for  doing  such  lighting,  referring  to  the  specifications 
posted  or  on  file.  The  advertisement  for  bids  shall  be  pub- 
lished for  ten  days,  in  the  newspaper  designated  by  such  city 
or  town  as  its  official  paper,  in  which  other  legal  notices,  orders, 
and  ordinances  arex  required  to  be  published,  if  there  be  any 
such  official  paper;  but  if  there  be  no  such  official  paper,  then 
such  advertisements  for  bids  shall  be  published  in  any  news- 


—  148  — 

paper  of  general  circulation  designated  by  such  City  Council, 
Trustees,  or  other  governing  body. 

Sec.  2.  All  contracts  for  the  lighting  of  streets,  public  build- 
ings, and  other  public  places,  after  bids  have  been  advertised  for 
and  notice  given,  as  provided  in  section  one  of  this  Act,  shall 
be  let  to  the  lowest  responsible  bidder.  The  City  Council, 
Trustees,  or  other  governing  body  of  such  city  or  town  may 
reject  any  and  all  the  bids. 

Sec.  3.  Each  bid  shall  be  accompanied  by  a  check,  payable 
to  the  order  of  the  Mayor  or  President,  or  other  chief  officer  of 
such  city  or  town,  and  certified  by  a  responsible  bank,  for  at 
least  ten  per  cent  of  the  amount  of  the  bid,  or  by  a  bond  for  said 
amount,  signed  by  the  bidder  and  two  sureties,  who  shall  qualify 
under  oath  in  double  said  amount,  over  and  above  all  statutory 
exemptions.  Said  bids  shall  be  delivered  in  a  sealed  envelope 
to  the  Clerk  of  said  City  Council,  Trustees,  or  other  governing 
body,  and  said  City  Council,  Trustees,  or  other  governing  body 
shall,  in  open  session,  open  said  bids,  examine,  and  publicly 
declare  the  same.  If  none  of  said  bids  are  accepted,  a  re-adver- 
tisement and  notice  for  bids  for  such  lighting  shall  then  be  had 
as  provided  for  in  the  first  instance.  If  any  of  said  bids  are 
accepted,  then  such  City  Council,  Trustees,  or  other  governing 
body  of  such  city  or  town,  shall  enter  into  a  contract  with  the 
bidder  whose  bid  is  accepted,  to  do  such  lighting,  which  con- 
tract shall- embody  the  specifications  and  terms  for  such  lighting 
placed  on  file  before  any  bids  are  advertised  for.  But  no  con- 
tract shall  be  made  for  a  longer  period  than  one  year,  and  every 
such  contract  shall  go  into  effect  within  six  months  after  the 
bid  is  approved.  Any  check  or  bond  accompanying  any  unac- 
cepted bid  shall  be  returned  to  the  party  furnishing  the  same, 
when  his  bid  is  rejected;  any  check  or  bond  accompanying  any 
accepted  bid  shall  be  retained  by  the  Clerk  till  the  successful 
bidder  shall  have  entered  into  a  contract  as  herein  provided, 
and  then  be  returned  to  said  bidder;  but  if  such  bidder  shall 
refuse  to  enter  into  such  contract,  his  check  or  bond  shall  be 
declared  forfeited  to  such  city  or  town,  and  shall  be  collected 
and  paid  into  the  General  Fund  thereof. 

Sec.  4.  This  Act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 


CHAPTER  CLXX. 

An  Act  to  amend  section  seven  hundred  and  thirty-one  of  the 
Penal  Code  of  the  State  of  California,  and  to  add  a  new  sec- 
tion thereto,  to  be  known  as  section  seven  hundred  and  thirty- 
four,  relating  to  the  suppression  of  riots  and  parading  of 
independent  companies. 

[Approved  March  26,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.     Section   seven   hundred   and  thirty-one  of  the 
Penal  Code  of  California  is  hereby  amended  to  read  as  follows: 


—  149  — 

731.  Whenever  any  portion  of  the  National  Guard  or 
enrolled  militia  shall  have  been  called  into  active  service  to 
suppress  an  insurrection  or  rebellion,  to  disperse  a  mob,  or  to 
enforce  the  execution  of  the  laws  of  the  State  or  of  the  United 
States,  the  commanding  officer  shall  use  his  own  discretion 
with  respect  to  the  propriety  of  attacking  or  firing  upon  any 
mob  or  unlawful  assembly;  and  his  honest  and  reasonable 
judgment  in  the  exercise  of  his  duty  shall  be  full  protection, 
civilly  and  criminally,  for  any  act  or  acts  done  while  on  duty. 
No  officer  who  has  been  called  out  to  sustain  the  civil  authori- 
ties shall,  under  any  pretense,  or  in  compliance  with  any  order, 
fire  blank  cartridges  upon  any  mob  or  unlawful  assemblage, 
under  penalty  of  being  cashiered  by  sentence  of  a  court- 
martial. 

Sec.  2.  A  new  section  is  hereby  added,  to  be  numbered 
and  known  as  section  seven  hundred  and  thirty-four: 

734.  It  shall  not  be  lawful  for  any  body  of  men  whatever, 
other  than  the  regular  organized  National  Guard  of  this  State, 
and  the  troops  of  the  United  States,  to  associate  themselves 
together  as  a  military  company  or  organization,  to  drill  or 
parade  with  arms  in  any  city  or  town  of  this  State,  without 
the  license  of  the  Governor  thereof,  which  license  may  at  any 
time  be  revoked;  and  provided  further,  that  students  in  educa- 
tional institutions  where  military  science  is  a  part  of  the  course 
of  instruction  may,  with  the  consent  of  the  Governor,  drill  and 
parade  with  arms  in  public  under  the  superintendence  of  their 
instructor;  provided,  that  nothing  herein  contained  shall  be 
construed  so  as  to  prevent  benevolent  or  social  organizations 
from  wearing  swords.  And  any  person  or  persons  violating 
any  of  the  provisions  of  this  section  shall  be  guilty  of  a  misde- 
meanor, and  subject  to  arrest  and  punishment  therefor. 

Sec.  3.     This  Act  shall  take  effect  immediately. 


CHAPTER  CLXXIII. 

An  Act  to  amend  section  twenty-eight  hundred  of  the  Political 
Code,  relating  to  the  purchase  of  toll  roads  by  counties. 

[Approved  March  27,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Section  twenty-eight  hundred  of  the  Political  Code 
of  the  State  of  California,  approved  March  twelfth,  eighteen 
hundred  and  seventy-two,  is  hereby  amended  so  as  to  read  as 
follows: 

2800.  At  any  time  within  five  years  from  filing  the  certifi- 
cate of  completion  of  any  road  constructed  under  the  provisions 
of  this  chapter,  or  at  any  time  after  any  toll  road  constructed 
and  under  operation  under  any  of  the  laws  of  this  State  has  been 
in  existence  for  ten  or  more  years,  a  county  within  which  the 


—  150  — 

road  or  any  portion  thereof  is  located,  may  purchase  the  same 
at  a  fair  cash  valuation,  to  be  fixed  by  seven  commissioners, 
all  disinterested  persons;  three  to  be  appointed  by  the  Board 
of  Supervisors  of  the  county,  three  by  the  owner  of  the  road, 
and  one  by  the  Judge  of  the  Superior  Court  of  the  county,  who 
must  estimate  the  fair  cash  value  of  the  road,  and  make  report 
thereof,  under  oath,  to  the  Board  of  Supervisors.  If,  within 
three  months  after  filing  the  report,  the  appraised  value  thereof 
is  tendered  on  behalf  of  the  county  to  the  owner  of  the  road,  or 
his  authorized  managing  agent,  in  gold  coin,  the  right  of  the 
owner  to  take  tolls  on  the  road  is  terminated,  and  the  road  to 
become  the  property  of  the  county. 

Sec.  2.     This  Act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 


CHAPTER  CLXXIV. 

An  Act  to  provide  for  the  issuing  of  bonds  by  reclamation  dis- 
tricts, and  the  disposal  thereof  for  reclamation  and  other  pur- 
poses, and  their  payment  by  taxation  upon  the  property  situated 
in  such  reclamation  districts. 

[Approved  March  27,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  I.  Whenever  in  the  opinion  of  the  Board  of  Trus- 
tees of  any  reclamation  district  now  formed,  or  hereafter  to  be 
formed,  under  any  law  of  this  State,  the  cost  of  the  works  of 
reclamation  according  to  the  plans  thereof  will  be  too  great  to 
be  raised  by  assessments  as  provided  in  the  Political  Code,  said 
Board  of  Trustees  shall  order  a  special  election  to  be  held  at 
some  place  in  said  district  to  be  designated  by  said  Board  of 
Trustees,  at  which  said  special  election  shall  be  submitted  to 
the  owners  of  land  in  said  district  the  question  whether  or  not 
the  bonds  of  said  district  shall  be  issued  in  an  amount  neces- 
sary to  construct  said  works  of  reclamation,  which  said  amount 
shall  be  estimated  by  said  Board  of  Trustees,  and  stated  in  the 
order  for  such  special  election. 

Sec  2.  Notice  of  such  special  election  must  be  given  by  the 
Board  of  Trustees  by  posting  notices  thereof  in  at  least  three 
public  places  in  the  district,  at  least  twenty  days  prior  thereto, 
and  also  by  publication  for  the  same  time  in  some  newspaper 
published  in  each  county  in  which  any  portion  of  said  district 
may  be  situated,  if  there  be  a  newspaper  published  in  each  of 
such  counties,  and  if  there  is  no  newspaper  so  published,  then 
by  such  publication  in  each  county  in  which  there  is  a  news- 
paper published,  and  such  notice  must  specify  the  time  and 
place  of  holding  such  election,  the  amount  of  bonds  proposed 
to  be  issued,  and  the  names  of  three  land-holders  of  the  district 
to  act  as  a  Board  of  Election. 

Sec.  3.  At  such  election  each  holder  of  lands  in  the  district 
shall  be  entitled  to  vote  in  person  or  by  proxy,  and  shall  have 


—  151  — 

the  right  to  cast  one  vote  for  each  dollar's  worth  of  real  estate 
owned  by  him  in  the  district,  the  value  thereof  to  be  determined 
from  the  next  preceding  assessment  roll  of  the  county  where 
the  same  is  situated;  and  the  Board  of  Trustees  of  the  district 
shall,  prior  to  the  election,  procure  from  the  Assessor  of  each 
county  where  any  portion  of  the  district  is  situated,  a  list, 
certified  by  such  Assessor,  containing  a  description  of  all  the 
land  of  the  district  situated  in  such  county,  the  name  of  the 
person  to  whom  each  tract  is  assessed,  and  the  value  thereof 
as  appears  from  the  assessment  roll  of  said  county,  which  said 
list  shall  be  furnished  to  and  be  used  by  the  said  Board  of 
Election  in  determining  the  number  of  votes  each  voter  is 
entitled  to  cast.  No  person  shall  vote  by  proxy  at  such  elec- 
tion, unless  authority  to  cast  such  vote  shall  be  evidenced  by 
an  instrument  in  writing,  duly  acknowledged  and  certified  as 
grants  of  real  property,  and  filed  with  the  Board  of  Election. 
The  ballots  ca3t  at  such  election  shall  contain  the  words 
"  Bonds — Yes,"  or  the  words  "  Bonds — No,"  and  also  the  name 
of  the  person  casting  the  ballot,  with  the  number  of  votes  cast 
by  him;  and  a  list  of  the  ballots  cast  shall  be  made  by  the 
Board  of  Election,  containing  the  name  of  the  voter,  and  if 
the  ballot  be  cast  by  proxy  the  name  of  the  person  casting  it, 
the  number  of  votes  cast,  and  whether  the  same  be  cast  for  or 
against  the  issuing  of  the  bonds. 

Sec.  4.  If  the  persons,  or  any  of  them,  appointed  and 
specified  in  the  notice  of  election  as  the  Board  of  Election  fail 
to  attend  at  the  time  and  place  appointed  for  the  election,  the 
voters  present  at  the  time  for  opening  the  polls  may  appoint 
any  land-holder  of  the  district  then  present  to  fill  the  place  of 
any  absent  member  thereof.  Each  member  of  such  Board  of 
Election  must,  before  entering  upon  his  duties  as  such,  take  an 
official  oath  as  such  member  of  the  Board  of  Election,  which 
said  oath  may  be  administered  by  any  officer  authorized  to 
administer  oaths,  or  by  any  land-holder  in  the  district.  The 
polls  shall  be  kept  open  for  the  reception  of  votes  from  ten 
o'clock  a.  m.  until  four  o'clock  p.  m.  At  the  close  of  the  polls 
the  Board  of  Election  shall  at  once  proceed  to  canvass  the 
votes,  and  declare  the  result  and  forward  a  certificate,  show- 
ing the  number  of  votes  cast  for  and  against  the  issuing  of 
bonds,  to  the  Board  of  Supervisors  of  the  county  where  the 
district  was  formed,  and  deliver  a  duplicate  thereof  to  the 
Board  of  Trustees  of  the  district,  and  shall  also  deliver  to  the 
said  Board  of  Trustees  all  ballots  cast  at  such  election,  and  all 
documents  and  papers  used  at  such  election. 

Sec.  5.  If  a  majority  of  the  votes  cast  at  such  election  are 
in  favor  of  the  issuance  of  bonds,  the  Board  of  Trustees  of  the 
district  shall  cause  bonds  in  the  amount  stated  in  the  order  for 
election  to  be  issued  and  placed  in  the  custody  of  the  Treasurer 
of  the  county  in  which  the  district  was  formed.  Said  bonds 
shall  be  of  the  denomination  of  one  hundred  dollars  each, 
shall  be  negotiable  in  form,  signed  by  the  President  of  the 
Board  of  Trustees  of  the  district,  and  the  Chairman  of  the 
Board  of  Supervisors  of  said  county,  and  attested  by  the  Clerk 


—  152  — 

of  said  Board  of  Supervisors,  and  the  seal  of  said  Board  of 
Supervisors,  shall  be  numbered  consecutively  as  issued,  and 
bear  date  at  the  time  of  their  issue,  and  shall  express  on  their 
face  that  they  were  issued  by  authority  of  this  Act,  stating  its 
title  and  date  of  approval,  and  the  date  of  the  election  at 
which  their  issuance  was  authorized.  Said  bonds  shall  bear 
interest  at  the  rate  of  seven  per  cent  per  annum,  payable  semi- 
annually on  the  first  day  of  January  and  the  first  day  of  July  in 
each  year,  at  the  office  of  said  County  Treasurer,  upon  the  pre- 
sentation of  the  proper  coupons  therefor.  Coupons  for  each 
installment  of  interest  shall  be  attached  to  said  bonds,  and 
shall  be  numbered,  signed,  and  attested,  in  the  same  manner 
as  the  bond.  The  principal  of  said  bonds  shall  be  paid  as 
follows,  to  wit:  Ten  per  cent  of  the  whole  amount  of  bonds 
issued,  according  to  their  consecutive  numbers,  shall  be  paid  in 
ten  years  from  the  date  of  their  issue,  at  the  office  of  said 
County  Treasurer,  and  ten  per  cent  thereof  each  succeeding 
year  thereafter,  until  all  are  paid.  If  any  bond  shall  not  be 
presented  for  payment  when  the  same  becomes  due,  it  shall 
cease  to  draw  interest;  but  if  presented  at  such  time,  and  not 
paid  for  want  of  funds,  the  said  County  Treasurer  shall  so 
indorse  it,  and  thereafter  such  bond  shall  draw  interest  until 
paid,  at  said  rate  of  seven  per  cent  per  annum,  payable  semi- 
annually. 

Sec.  6.  The  Treasurer  of  said  county  shall  place  the  bonds 
prepared  pursuant  to  this  Act  to  the  credit  of  said  district,  and 
may  at  any  time  sell  any  of  said  bonds  for  the  best  price 
obtainable  therefor,  but  in  no  event  for  less  than  the  face  value 
of  said  bond,  and  the  accrued  interest  thereon.  Any  money 
derived  from  the  sale  of  said  bonds  by  said  County  Treasurer 
shall  be  placed  in  the  treasury  to  the  credit  of  said  district, 
and  a  proper  record  of  such  transaction  be  placed  upon  the 
books  of  said  Treasurer. 

Sec.  7.  The  Board  of  Trustees  of  said  district  may  draw 
orders  upon  the  said  County  Treasurer,  payable  in  bonds  or 
money  in  the  proportion  and  to  the  amount  therein  named,  to 
pay  for  labor  or  services  performed  for,  or  materials  or  property 
furnished  to,  said  district,  for  the  purpose  of  constructing  the 
reclamation  works  thereof,  and  the  expenses  necessarily  inci- 
dent to  maintaining  the  same,  and  the  contingent  expenses  of 
said  district,  which  said  orders  shall  be  approved  by  the  Board 
of  Supervisors  of  the  county  where  such  district  was  formed, 
and  thereafter  be  paid  by  said  Treasurer  in  the  manner  therein 
provided  for,  if  such  bonds  or  money  then  remaining  in  said 
treasury  to  the  credit  of  said  district  be  sufficient  to  pay  the 
same. 

Sec  8.  The  principal  of  said  bonds,  and  the  interest  thereon, 
shall  be  paid  by  revenue  derived  from  a  tax  levied  upon  the 
assessable  real  property  of  the  district,  and  the  Board  of  Super- 
visors of  the  county  wherein  said  district  was  formed,  at  the 
time  of  making  the  levy  of  taxes  for  county  purposes,  must 
levy  a  tax  for  that  year,  upon  the  taxable  real  property  in  such 
district,  sufficient  to  pay  the  interest  which  may  become  due 


—  153  — 

upon  said  bonds  during  such  year,  and  if  any  portion  of  the 
principal  of  said  bonds  will  become  due  during  such  year,  then 
also  in  an  amount  sufficient  to  pay  such  portion  of  said  prin- 
cipal. All  taxes  so  levied  shall  be  computed  and  entered  on 
the  assessment  roll  of  the  county  where  such  land  may  be  sit- 
uated, by  the  County  Auditor,  and  collected  by  the  Tax  Col- 
lector, at  the  same  time  and  in  the  same  manner  as  State  and 
county  taxes,  and  when  collected  shall  be  paid  into  the  County 
Treasury  for  the  use  of  said  district. 

Sec.  9.  When  such  district  is  situated  partly  in  different 
counties,  the  Assessor  of  said  county,  or  counties,  other  than 
the  county  where  the  district  was  formed,  and  in  which  any 
portion  of  such  district  may  be  situated,  shall,  prior  to  the 
time  when  the  Board  of  Supervisors  meets  to  make  the  levy  for 
county  purposes  in  each  year,  certify  to  the  Board  of  Super- 
visors of  the  county  where  such  district  was  formed,  a  state- 
ment of  the  total  value  of  all  the  taxable  real  property  of  said 
district,  situated  in  his  county;  and  when  such  Board  of  Super- 
visors shall  have  determined  the  rate  of  taxation  necessary  to 
be  levied  upon  such  property,  the  Clerk  of  said  Board  of  Super- 
visors shall  certify  the  same,  under  the  seal  of  said  Board,  to 
the  Auditor  of  any  county  other  than  the  county  where  such 
district  was  formed,  and  such  Auditor  shall  thereupon  com- 
pute the  tax,  and  enter  the  same  upon  the  assessment  roll  of 
said  county.  When  any  taxes  shall  have  been  collected  under 
any  of  the  provisions  of  this  Act,  and  placed  in  the  treasury 
of  any  county  other  than  the  one  in  which  said  district  was 
formed,  the  Treasurer  of  such  county  must,  when  requested  so 
to  do  by  the  Board  of  Trustees  of  said  district,  forward  all 
money  in  such  treasury  to  the  County  Treasurer  of  the  county 
in  which  such  district  was  formed,  who  shall  receive  and  re- 
ceipt for  the  same,  and  place  such  money  in  the  treasury  of 
such  county  to  the  credit  of  said  district. 

Sec.  10.  No  Assessor,  Tax  Collector,  Treasurer,  or  Clerk 
shall  receive  any  fee  for  any  service  required  to  be  performed 
by  them  under  the  provisions  of  this  Act.  All  expenses  neces- 
sarily incurred  in  carrying  out  the  provisions  of  this  Act  shall 
be  paid  out  of  any  money  to  the  credit  of  the  district  for  which 
the  services  are  performed,  in  the  treasury  of  the  county  where 
the  district  was  formed,  upon  the  order  of  the  Board  of  Trustees 
of  said  district,  approved  by  the  Board  of  Supervisors  of  said 
county. 

Sec.  11.  This  Act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 


154  — 


CHAPTER  CLXXV. 


An  Act  to  add  a  new  section  to  the  Political  Code,  to  be  known  and 
designated  as  section  three  thousand  and  twenty-two  and  one 
half,  relating  to  the  erection,  furnishing,  maintenance,  and  gov- 
ernment of  hospitals  and  homes  for  inebriates  in  counties,  and 
cities  and  counties,  of  this  State,  where  land  has  heretofore  been 
reserved  and  set  apart  for  said  purpose;  to  provide  for  the  com- 
mitment of  dipsomaniacs  and  inebriates  thereto;  and  also  to 
repeal  an  Act  entitled  "An  Act  relating  to  the  Home  of  the 
Inebriate  of  San  Francisco,  and  to  prescribe  the  powers  and 
duties  of  the  Board  of  Managers  and  the  officers  thereof,77 
approved  April  1,  1870,  and  all  Acts  and  parts  of  Acts  in  con- 
flict with  the  provisions  of  this  Act. 

[Approved  March  27,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  A  new  section  is  hereby  added  to  the  Political 
Code,  to  be  known  and  designated  as  section  three  thousand 
and  twenty-two  and  one  half: 

3022^.  First — The  Board  of  Supervisors  of  any  county, 
or  city  and  county,  where  land  has  heretofore  been  reserved,  set 
apart,  and  designated  by  said  Board  of  Supervisors,  or  a  com- 
mittee of  said  Board,  for  public  use  as  a  Home  for  Inebriates, 
shall  cause  to  be  erected,  before  August  first,  one  thousand  eight 
hundred  and  ninety-six,  a  suitable  hospital  and  home  for  the 
care  and  treatment  of  dipsomaniacs  and  inebriates,  and  pro- 
vide for  the  furnishing  and  maintenance  of  the  same.  The 
plans  of  construction  of  said  hospital  and  home  must  be  drawn 
under  the  direction  of  the  Board  of  Health  of  said  county,  or 
city  and  county. 

Second — When  the  building  or  buildings  constructed  under 
the  provisions  of  this  section  are  so  far  completed  that  in  the 
opinion  of  the  Board  of  Health  of  said  county,  or  city  and 
county,  commitments  may  properly  be  made  thereto,  said  Board 
of  Health  shall  so  notify  the  magistrates  of  the  said  county,  or 
city  and  county;  and  thereafter  the  said  magistrates  may  com- 
mit to  said  hospital  and  home,  for  a  term  not  exceeding  one 
year,  any  person  given  to  dipsomania  or  inebriety,  whether  in 
public  or  private,  and  who,  in  his  opinion,  is  a  proper  subject  for 
its  treatment  or  custody;  provided,  however,  that  no  such  per- 
son shall  be  so  committed  until  satisfactory  evidence  shall  be 
furnished  to  the  magistrate  before  whom  the  proceedings  for 
commitment  are  had,  that  such  person  or  persons  are  not  of 
bad  repute  or  of  bad  character,  apart  from  their  habits  of  ine- 
briety; and  in  all  proceedings  relative  to  the  commitment  of 
any  such  person,  it  shall  be  specifically  alleged  that  the}'  are 
either  dipsomaniacs  or  inebriates,  as  the  case  may  be. 

Third — When  it  shall  appear  to  the  Medical  Superintendent 
and  the  said  Board  of  Health  that  any  person  or  persons  held 


—  155  — 

in  said  hospital  and  home  will  not  continue  to  he  subject  to 
dipsomania  or  inebriety,  or  will  be  sufficiently  provided  for  by 
themselves  or  their  guardians,  relatives,  or  friends,  they  may 
issue  to  them  a  permit  to  be  at  liberty,  upon  such  conditions  as 
they  may  deem  best,  and  they  may  revoke  said  permit  at  any 
time  previous  to  its  expiration.  The  violation,  by  the  holder 
of  such  permit,  of  any  of  the  terms  or  conditions  of  the  same, 
shall  of  itself  make  said  permit  void.  When  a  permit  becomes 
void  in  any  manner  the  Medical  Superintendent,  or  a  member 
of  the  Board  of  Health,  may  issue  an  order  authorizing  the 
arrest  of  the  holder  or  holders  of  such  permit  and  their  return 
to  the  hospital  and  home,  and  such  order  of  arrest  may  be 
served  by  any  officer  authorized  to  serve  criminal  process  in 
any  county,  or  city  and  county,  of  this  State.  Any  person  at 
liberty  from  the  hospital  and  home  upon  a  permit,  as  aforesaid, 
may  voluntarily  return  to  the  hospital  and  home  and  put  him- 
self in  the  custody  of  the  Medical  Superintendent.  The  holder 
of  said  permit,  when  returned  to  said  hospital  and  home,  as 
aforesaid,  whether  voluntarily  or  otherwise,  shall  be  detained 
therein  according  to  the  term  of  his  original  commitment. 
Such  inmates  of  said  hospital  and  home  as  are  able  to  pay  for 
their  board  shall  be  charged  for  the  same. 

Fourth — The  Board  of  Health  of  said  county,  or  city  and 
county,  shall  provide  for  the  management  and  government  of 
said  hospital  and  home  for  dipsomaniacs  and  inebriates.  The 
said  Board  of  Health  must  appoint  a  Medical  Superintendent 
of  said  hospital  and  home,  and  furnish  or  supply  the  same  with 
nurses  and  attaches.  The  Medical  Superintendent  shall  be  an 
elector  of  the  county,  or  city  and  county,  a  regular  graduate  of 
medicine,  licensed  to  practice,  and  not  less  than  thirty-five 
years  of  age,  who  shall  have  for  a  period  of  at  least  one  year 
prior  to  his  appointment,  devoted  his  special  professional  atten- 
tion to  the  treatment  of  dipsomania  and  inebriety  as  physician 
to  a  public  or  private  home,  hospital,  asylum,  or  sanitarium  for 
the  care  and  treatment  of  dipsomaniacs  and  inebriates.  The 
Medical  Superintendent  shall  receive  an  annual  salary  of  three 
thousand  dollars,  and  shall  be  paid  in  equal  monthly  install- 
ments out  of  the  General  Fund  of  said  county,  or  city  and 
county,  in  the  same  manner  as  the  salaries  of  the  other  officers 
of  said  county,  or  city  and  county,  are  paid.  Said  Medical 
Superintendent  shall  not  be  removed  by  the  said  Board  of 
Health  except  for  good  cause,  duly  set  forth  in  a  complaint, 
filed  with  the  Secretary  of  said  Board,  a  copy  of  which  must 
be  served  upon  said  Medical  Superintendent,  and  an  oppor- 
tunity given  him  to  be  heard  in  his  defense. 

Sec.  2.  The  Act  entitled  "An  Act  relating  to  the  Home  of 
the  Inebriate  of  San  Francisco,  and  to  prescribe  the  powers 
and  duties  of  the  Board  of  Managers  and  the  officers  thereof," 
approved  April  first,  one  thousand  eight  hundred  and  seventy, 
and  all  Acts  or  parts  of  Acts  in  conflict  with  provisions  of  this 
Act,  are  hereby  repealed. 

Sec.  3.  This  Act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 


—  156  — 


CHAPTER  CLXXVI. 

An  Act  to  amend  section  one  of  an  Act  approved  March  15, 1883, 
and  entitled  "An  Act  to  authorize  the  Common  Council,  Board 
of  Trustees,  or  other  governing  body  of  any  incorporated  city  or 
town,  other  than  cities  of  the  first  class,  to  re-fund  its  indebted- 
ness, issue  bonds  therefor,  and  provide  for  the  payment  of  the 
same"  as  amended  March  1, 1893. 

[Approved  March  27,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
.  Assembly,  do  enact  as  follows: 

Section  1.  Section  one  of  the  above  entitled  Act  is  hereby 
amended  to  read  as  follows: 

Section  1.  That  whenever  any  incorporated  city  or  town, 
other  than  cities  of  the  first  class,  in  this  State,  has  an  out- 
standing indebtedness,  evidenced  by  the  principal  of  bonds,  the 
Common  Council,  Board  of  Trustees,  or  other  governing  body 
thereof,  is  empowered,  by  a  vote  of  four  fifths  of  its  number,  to 
re-fund  the  same,  and  issue  the  bonds  of  such  city  or  town 
therefor;  provided,  that  no  indebtedness  shall  be  re-funded  at  a 
higher  rate  of  interest  than  the  original  indebtedness  bore. 
Such  bonds  shall  be  of  the  character  known  as  "  serials,"  not 
less  than  one  fortieth  of  principal  being  payable  each  year, 
together  with  interest  due  on  all  sums  unpaid.  Such  bonds 
may  be  issued  in  denominations  not  to  exceed  one  thousand 
dollars,  and  not  less  than  one  hundred  dollars;  principal  and 
interest  payable  in  either  gold  coin  or  other  lawful  money  of 
the  United  States,  as  may  be  expressed  in  said  bonds,  either  at 
the  office  of  the  Treasurer  of  said  city  or  town,  or  at  the  bank 
designated  in  said  bond,  situated  in  the  city  of  San  Francisco, 
New  Yorki  Boston,  or  Chicago.  Interest  on  said  bonds  shall 
not  exceed  six  per  cent  per  annum,  payable  annually  or  semi- 
annually, as  may  be  expressed  in  said  bonds.  Said  bonds 
shall  not  be  disposed  of  in  any  manner  except  in  exchange  for 
outstanding  bonds  for  the  re-funding  of  which  they  are  author- 
ized to  be  issued;  provided,  that  if  any  holder  of  any  such  out- 
standing bonds  refuses  to  exchange  any  bonds  held  by  him  for 
such  re-funding  bonds,  but  will  deposit  such  outstanding  bonds 
held  by  him  with  any  responsible  depository  subject  to  redemp- 
tion in  money,  a  sufficient  number  of  such  re-funding  bonds 
may  be  sold  in  a  manner  provided  by  such  City  Council,  or 
other  governing  body,  to  the  highest  bidder,  for  not  less  than 
the  face  value  thereof;  the  proceeds  of  such  sale  shall  be  placed 
in  the  treasury  of  said  municipality  to  the  credit  of  the  Re- 
funding Fund,  and  shall  be  applied  only  for  the  purpose  of 
re-funding  the  outstanding  bonds  for  the  re-funding  of  which 
they  have  been  issued.  Said  Trustees  or  other  governing  body 
shall,  at  the  time  of  fixing  the  general  tax  levy  for  each  year, 
and  in  the  same  manner  as  such  tax  levy  is  made,  levy  and 
collect  annually,  each  year,  sufficient  money  to  pay  one  fortieth 


—  157  — 

part  of  the  principal  of  bonds  issued  under  the  terms  of  the 
provisions  under  which  such  re-funding  bonds  are  authorized 
to  be  issued,  and  also  the  annual  interest  upon  the  portion 
remaining  unpaid. 

Sec.  2.     This  Act  shall  take  effect  and  be  in  force  imme- 
diately after  its  passage. 


CHAPTER  CLXXVII. 

An  Act  fixing  and  regulating  the  manner  of  sale  and  redemption 
of  real  property  for  delinquent  assessments  to  pay  the  damages, 
costs,  and  expense  for  or  incident  to  laying  out,  opening,  ex- 
tending, widening,  straighteni7ig,  diverging,  curving,  contract' 
ing,  or  closing  up,  in  whole  or  in  any  part,  any  street,  square, 
lane,  alley,  court,  or  place  within  municipalities  in  this  State. 

[Approved  March  27,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  All  sales,  and  redemptions  after  sale,  of  any  real 
property  upon  which  the  assessment  levied  and  assessed  to  pay 
the  damages,  costs,  and  expense  for  or  incident  to  laying  out, 
opening,  extending,  widening,  straightening,  diverging,  curv- 
ing, constructing,  or  closing  up,  in  whole  or  in  part,  any  street, 
square,  lane,  alley,  court,  or  place  within  municipalities  in  this 
State,  shall  remain  unpaid  and  become  delinquent  under  the 
provisions  of  any  Act  or  law  regulating  such  matters,  shall  be 
made  and  had  in  the  same  time  and  manner  as  such  sales 
and  redemption  were  required  by  law  to  be  made  and  had  on 
the  first  day  of  January,  Anno  Domini  eighteen  hundred  and 
ninety-five. 

Sec  2.  All  Acts  or  parts  of  Acts  in  conflict  with  this  Act 
are  hereby  repealed. 

Sec  3.  This  Act  shall  take  effect  and  be  in  force  from  and 
after  j>ts  passage  and  approval. 


CHAPTER  CLXXXI. 

An  Act  providing  for  a  general  primary  election  in  counties  of  cer- 
tain classes  within  the  State  of  California,  and  to  promote  the 
purity  thereof  by  regulating  the  conduct  thereof,  and  to  support 
the  privileges  of  free  suffrage  thereat,  by  prohibiting  certain  acts 
and  practices  in  relation  thereto,  and  providing  for  the  punish- 
ment thereof. 

[Approved  March  27,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.     The  primary  elections  for  delegates  to  constitute 
the  various  respective  political  conventions  for  the  nomination 


—  158  — 

of  candidates  for  public  office  shall  hereafter  be  held  in  this 
State  under  and  pursuant  to  this  Act.  A  convention  to  nomi- 
nate candidates  to  be  voted  for  by  the  electors  of  the  entire 
State  shall  be  known  as  a  "State  Convention."  Conventions 
to  nominate  members  of  Congress,  of  the  Board  of  Equal- 
ization, or  Railroad  Commissioners  shall  be  known  as  "Dis- 
trict Conventions."  All  other  conventions  shall  be  known  as 
"  Local  Conventions." 

A  general  primary  election  for  the  election  of  delegates  to 
the  State  and  various  local  and  district  conventions  in  the  year 
eighteen  hundred  and  ninety-six,  and  every  two  years  there~ 
after,  shall  be  held  on  the  second  Tuesday  in  the  month  of 
July  in  that  year.  The  day  for  holding  such  primary  shall  be 
a  legal  holiday,  and  the  Governor  of  this  State  shall  issue  a 
proclamation  to  that  effect  in  accordance  with  this  Act. 

Sec.  2.  All  political  parties  or  organizations  of  electors, 
desiring  to  hold  a  convention  or  conventions  for  the  purpose  of 
nominating  candidates  for  public  office,  to  be  voted  for  at  the 
ensuing  general  election,  must  petition  the  Board  of  Election 
Commissioners  of  the  county,  or  city  and  county,  in  writing, 
at  least  thirty  days  before  the  day  for  such  general  primary 
election,  which  petition  must  set  forth: 

First — The  names  by  which  such  political  party  or  organiza- 
tion is  known,  or  desires  to  be  known. 

Second — That  such  political  party  or  organization  is  desirous 
of  and  intends  to  hold  a  convention,  or  conventions,  of  dele- 
gates representing  said  party  or  organization — designating  the 
time  and  place  of  holding  any  such  convention,  or  conventions — 
for  the  purpose  of  nominating  candidates  for  offices  to  be  voted 
for  by  the  people  of  the  State  or  county,  or  city  and  county,  or 
both,  at  the  next  ensuing  general  election,  and  is  desirous  of 
electing  delegates  to  such  convention,  or  conventions,  to  be  held 
for  that  purpose,  under  the  provisions  of  this  Act,  and  request- 
ing that  the  Board  of  Election  Commissioners  of  the  county, 
city  or  county,  perform  the  services  hereinafter  prescribed  in 
this  Act. 

If  such  political  party  is  one  which  by  reason  of  its  pluvious 
vote  is  entitled  to  hold  a  convention  defined  by  sections  eleven 
hundred  and  eighty-six  and  eleven  hundred  and  eighty-seven 
of  the  Political  Code,  such  petition  must  be  authenticated  by 
the  signature  of  the  Chairman  and  Secretary  of  its  State  Com- 
mittee, selected  at  its  last  State  convention  of  such  party,  veri- 
fied by  the  oath  of  such  signers  that  the  facts  therein  stated 
are  true,  and  that  the  said  signers  are  the  Chairman  and  Secre- 
tary of  said  committee.  No  political  party  or  organization  can 
use  the  name  of  another  political  party  or  organization,  or  any 
name  or  designation  so  similar  to  another  party  name  that  it 
may  deceive  voters. 

Sec.  3.  Any  political  party  or  political  organization  which, 
at  the  last  election  preceding  the  filing  of  such  application, 
shall  not  have  polled  at  least  three  per  cent  of  the  entire  vote 
cast  in  the  political  division  for  which  nominations  are  sought 
to  be  made,  may  file  with  the  Election  Commissioners  of  the 


—  159  — 

county,  or  city  and  county,  in  which  such  general  primary  elec- 
tion is  to  be  held,  a  petition,  signed  by  at  least  three  per  cent 
of  the  voters  of  the  political  division  for  which  nominations 
are  sought  to  be  made,  which  need  not  all  be  on  one  paper; 
which  petition  shall  set  out  all  the  facts  required  to  be  set  forth 
in  the  application  in  this  Act  provided  for;  and  such  petition 
must  be  verified  in  the  same  manner  as  required  for  a  certificate 
of  nomination  mentioned  in  section  eleven  hundred  and  eighty- 
eight  of  the  Political  Code.  Upon  the  filing  of  such  petition, 
the  Election  Commissioners  of  the  county,  or  city  and  county, 
in  which  said  primary  election  is  to  be  held,  shall  order  its 
Clerk  to  issue  to  said  political  organization  a  certificate  similar 
to  that  in  this  Act  provided  to  be  issued  to  existing  political 
parties,  which  certificate  shall  entitle  the  petitioners  to  partici- 
pate in  the  said  general  primary  election,  and  shall  entitle  them 
to  all  privileges  and  rights  secured  and  granted  to  other  polit- 
ical parties  heretofore  existing,  both  at  said  primary  election 
and  at  the  ensuing  general  election;  that  is  to  say,  having 
complied  with  all  the  requirements  in  this  Act  provided,  the 
petitioners  shall  be  recognized  as  a  political  party  or  organiza- 
tion. Such  certificate  shall  be  issued  to  all  parties  petitioning, 
stating  the  name  of  the  party,  the  date  of  the  primary,  the  ter- 
ritory over  which  it  will  extend,  and  be  signed  by  the  Clerk  of 
such  Board. 

'  Sec.  4.  During  the  month  of  January  of  each  year  in  which 
a  general  election  is  to  be  held,  it  shall  be  the  duty  of  the  Board 
of  Election  Commissioners  of  each  county,  and  city,  and  city 
and  county  to  select  from  the  last  assessment  roll  of  the  county, 
or  city,  or  city  and  county,  the  names  of  not  less  than  thirty 
electors  residing  in  each  election  precinct  of  such  county,  or 
city,  or  city  and  county;  such  selection  to  be  made  from  each 
of  the  political  parties  then  existing,  in  as  nearly  an  equal 
proportion  as  practicable;  and  to  write  the  name  of  each  person 
so  selected  on  a  separate  piece  of  paper,  and  to  fold  said  paper 
so  that  the  name  written  thereon  cannot  be  seen  or  read  with- 
out unfolding  the  same;  and  when  the  names  are  so  written  and 
folded,  to  put  all  of  the  names  so  selected  from  each  separate 
election  precinct  in  an  envelope,  then  to  close  and  securely 
seal  such  envelope,  and  to  write  the  name  and  number  of  the 
precinct  from  which  such  selection  was  made  on  the  outside  of 
such  envelope;  and  when  the  names  so  selected  from  each  elec- 
tion precinct  in  such  county,  or  city,  or  city  and  county,  shall 
have  been  so  placed  in  separate  precinct  envelopes,  and  each 
sealed  and  numbered  so  as  to  designate  the  precinct  from  which 
each  selection  was  so  made,  then  all  of  the  said  envelopes  so 
marked  and  sealed  shall  be  placed  in  a  box,  to  be  provided  by 
each  Board  of  Election  Commissioners  for  that  purpose,  and 
such  box  shall  then  be  securely  locked  and  sealed,  and  safely 
kept  by  said  Board  of  Election  Commissioners  until  required 
by  them  for  use  as  hereinafter  provided.  The  names  so  selected 
shall  be  forthwith  recorded  in  a  book  for  that  purpose  by  the 
Clerk  of  the  Board  of  Election  Commissioners,  which  book 
must  be  kept  open  at  all  times  to  public  inspection,  and  the 


—  160  — 

said  Clerk  shall  also  publish  said  names  once  in  some  paper  of 
general  circulation  in  the  county,  or  city  and  county,  within  ten 
days  after  the  names  are  so  selected. 

Sec.  5.  Twenty  days  before  the  holding  of  such  primary 
election  the  said  Board  of  Election  Commissioners  shall  open 
the  said  box  in  the  presence  of  a  majority  of  said  Board,  and 
in  the  presence  of  each  of  the  members  of  the  various  political 
parties  as  may  be  present  to  witness  the  same,  and  shall  then 
take  from  said  box  the  said  envelopes,  one  at  a  time,  and  as 
each  envelope  is  taken  from  the  box  it  shall  be  opened  and 
the  names  therein  contained,  without  being  unfolded,  shall  be 
placed  in  a  separate  box  suitable  for  the  purpose;  and,  after 
being  thoroughly  shaken,  the  Clerk  of  said  Board,  in  the  pres- 
ence of  the  Board,  shall  draw  from  said  box  the  name  of  one 
person,  who  shall  be  the  Inspector  of  the  primary  election  in 
such  precinct;  said  Clerk  shall  then  draw  from  said  box  the 
names  of  two  persons,  who  shall  be  the  Judges  of  such  primary 
election  in  said  precinct;  and  the  names  of  two  other  persons 
shall  be  drawn  in  like  manner,  who  shall  be  the  Clerks  of  such 
primary  election;  provided,  that  if  the  persons  whose  names  are 
drawn  for  Judges  and  for  Clerks  shall  both  belong  to  one  polit- 
ical party  the  Clerk  of  said  Board  shall  lay  aside  the  last  name 
drawn  for  Judges,  and  also  for  Clerks,  and  draw  other  names 
from  such  box  until  only  one  Judge  and  one  Clerk  who  belong 
to  the  same  political  party  are  selected;  and  the  same  course 
shall  be  pursued  in  each  precinct  until  the  election  officers  are 
selected  in  each  precinct  in  such  county,  or  city,  or  city  and 
county.  Should  all  the  names  be  drawn  from  said  box  and 
not  a  sufficient  number  of  election  officers  be  selected,  the  said 
Board  of  Election  Commissioners  must  select  and  deposit  more 
names  in  the  box,  and  continue  to  draw  therefrom  until  all 
the  election  officers  are  selected;  provided,  that  such  subsequent 
selection  shall  be  made  from  the  electors  of  the  precinct  in  the 
same  manner  as  those  first  selected,  as  provided  for  in  section 
four  of  this  Act. 

Sec  6.  It  shall  be  the  duty  of  the  Clerk  of  the  Board  of 
Election  Commissioners  to  publish  in  some  newspaper  pub- 
lished in  the  county,  of  general  circulation,  as  soon  as  they  are 
selected,  the  names  of  the  persons  so  selected,  with  the  names 
of  the  precincts  in  which  they  severally  are  to  serve,  and  the 
locations  of  the  polling  places.  He  shall  also  send  a  communi- 
cation to  each  person  so  chosen,  through  the  mail,  by  registered 
letter,  postage  paid,  to  his  post  office  address,  informing  him  of 
his  selection,  and  of  the  precinct,  and  the  capacity  in  which  he 
is  to  serve. 

Sec  7.  It  shall  be  the  duty  of  every  person  so  chosen  to  act 
as  such  election  officer  at  such  a  general  primary  election,  to 
perform  the  services  required  of  him  in  such  capacity;  and  any 
person  so  chosen  to  act  who  shall,  without  having  been  excused 
therefrom  by  the  Board  of  Election  Commissioners  for  sickness 
of  self  or  family,  or  other  good  cause,  fail  or  refuse  to  act  in 
the  capacity  for  which  he  is  chosen,  shall  be  deemed  guilty  of  a 
misdemeanor;  and  in  case  he  is  so  excused,  the  Clerk,  in  the 


—  161  — 

presence  of  the  Board,  shall  select  another  person  from  said 
box  to  serve  in  his  place.  It  shall  be  the  duty  of  each  of  the 
persons  so  chosen  to  appear  at  the  polling  places  in  the  precinct 
for  which  he  is  chosen,  before  the  time  of  opening  the  polls,  and 
there  take  the  oath  of  office,  as  prescribed  in  the  general  elec- 
tion law,  and  perform  the  duties  imposed  upon  him  by  the  pro- 
visions of  this  Act.  But  in  case  of  the  failure  of  any  of  the 
election  officers  so  selected  to  appear  at  the  time  the  polls 
should  be  opened,  or  within  ten  minutes  thereafter,  the  election 
officers  present  must  choose  some  resident  elector  of  the  precinct 
to  fill  the  vacancy.  All  persons  serving  as  officers  of  election 
at  a  primary  election  held  under  the  provisions  of  this  Act,  shall 
be  exempt  from  jury  duty  for  the  term  of  one  year  thereafter, 
and  such  person  shall  receive  from  the  Board  of  Election  Com- 
missioners of  the  county,  or  city,  or  city  and  county,  in  which 
such  service  is  rendered,  a  certificate,  setting  forth  the  fact  of 
such  service  as  an  officer  of  a  primary  election,  stating  the  time 
of  service;  and  such  certificate,  on  being  presented  to  a  Court 
in  which  such  election  officer  has  been  summoned  to  appear  as 
a  juror,  shall  be  deemed  sufficient  to  excuse  the  person  named 
therein  from  service  as  a  juror  at  any  time  within  one  year  from 
the  date  of  service  named  in  such  certificate. 

Sec.  8.  It  shall  be  the  duty  of  the  Board  of  Election  Com- 
missioners of  the  county,  or  city  and  county,  to  furnish  ballot- 
boxes  for  each  precinct  where  such  primary  is  to  be  held,  of  the 
kind  and  character  which  were  required  to  be  used  at  the  gen- 
eral election  held  in  this  State  in  the  year  eighteen  hundred 
and  ninety,  and  there  must  be  furnished  as  many  separate  ballot- 
boxes  at  each  precinct  as  there  are  parties  or  organizations 
entitled  by  law  to  participate  in  such  primary.  Each  such 
ballot-box  must  have,  in  distinct  letters  and  words,  upon  the 
front  of  such  box,  the  name  of  the  respective  political  party  or 
organization  for  whose  use  it  is  intended.  All  the  ballot-boxes 
must  be  placed  in  a  row,  side  by  side,  fronting  so  that  the  front 
of  each  box  shall  be  in  the  same  direction,  and  be  where  the 
voters  can  easily  approach  such  boxes  and  present  their  ballots, 
and  the  said  party  name  on  each  box  must  be  on  the  front  of 
each,  so  as  to  be  easily  seen  and  distinguished  by  any  voter 
within  six  feet  of  such  box.  Every  person  desiring  to  vote  at 
such  primary  must  deposit  one  ballot  only,  upon  which  must 
be  the  names  of  all  delegates  for  whom  he  desires  to  vote;  and 
it  shall  be  the  duty  of  the  Clerk  of  the  Board  of  Election  Com- 
missioners of  the  county,  or  city  and  county,  in  which  said 
general  primary  election  is  to  be  held,  to  designate  in  the 
certificate  which  is  in  this  Act  provided  to  be  furnished  to 
political  parties,  the  color  of  the  paper  upon  which  the  ballots 
are  to  be  printed,  and  there  shall  be  so  designated  for  each 
political  party  participating  in  said  general  primary  election, 
a  color  to  be  by  them. used  for  the  paper  upon  which  such 
ballots  are  to  be  printed,  which  color  shall  be  in  each  case 
distinctive  and  easily  distinguishable  from  the  color  to  be 
used  at  said  primary  election  by  any  other  political  party;  and 
rthe  name  or  designation  of  each  political  party  must  be 
11 


—  162  — 

plainly  written  or  printed  at  the  head  of  each  ticket.  The 
election  officers  shall  stand  behind  the  ballot-boxes,  and  as 
each  voter  approaches  to  vote,  when  it  is  ascertained  that  he 
is  entitled  to  vote,  he  shall  be  asked  by  the  proper  election  officer 
in  what  box  he  desires  to  cast  his  ballot,  and  when  the  voter 
has  declared  the  fact,  it  shall  be  noted  in  the  register  by  the 
Clerk  in  which  box  he  votes,  by  writing  in  the  register  opposite 
his  name  the  name  on  the  box  in  which  he  votes,  and  there- 
upon his  ballot  shall  be  received  by  the  Judge  of  Election  or 
Inspector  and  deposited  in  the  box  named  by  such  voter,  and 
in  no  other,  in  the  presence  of  the  voter. 

Sec.  9.  There  shall  be  as  many  polling  places  for  the  pur- 
pose of  such  general  primary  election  as  are  provided  for  at  a 
general  election;  that  is,  a  polling  place  in  each  precinct;  and 
each  political  party  may  file  with  the  Board  of  Election  Com- 
missioners a  list  of  the  precincts  and  number  and  name  of 
street  or  locality  in  town,  or  township,  where  they  want  such 
polling  places,  and  it  shall  be  the  duty  of  the  Board  of  Election 
Commissioners  to  examine  said  lists  and  decide  which  polling 
places  will  be  the  most  convenient  for  the  voters  of  the  precinct. 
The  polls  shall  be  kept  open  from  nine  o'clock  a.  m.  to  sunset 
on  the  day  of  holding  said  primary  election,  and  shall  be  at 
all  times  kept  open  to  the  public  during  the  reception  of  bal- 
lots, and  until  the  same  are  counted  and  the  results  declared. 
There  must  be  furnished,  by  the  Board  of  Election  Commis- 
sioners, to  the  election  officers  in  each  precinct,  for  use  at  such 
primary  election,  a  register  containing  the  names  of  each  person 
entitled  to  vote  in  such  precinct  at  the  last  preceding  general 
election,  as  shown  by  the  Great  or  Precinct  Register,  or  both. 
Before  receiving  any  ballots  the  election  officers  must,  in  the 
presence  of  any  persons  assembled  at  the  polling  place,  open, 
and  exhibit,  and  close  the  ballot-boxes,  and  thereafter  neither 
of  them  must  be  removed  from  the  polling  place  or  presence 
of  the  bystanders  until  all  the  ballots  are  counted,  nor  must 
either  box  be  opened  until  after  the  polls  are  finally  closed. 
Before  the  election  officers  receive  any  ballots  they  must  cause  it 
to  be  proclaimed  aloud  at  the  place  of  such  primary  election 
that  the  polls  are  open,  and  when  the  polls  are  closed  that  fact 
must  be  proclaimed  aloud  at  the  place  of  such  election;  and 
after  such  proclamation  no  ballots  must  be  received.  Voting 
may  commence  as  soon  as  the  polls  are  opened,  and  may  be 
continued  during  all  the  time  the  polls  remain  open.  The 
ballots  must  be  so  folded  when  deposited  that  no  person  can 
see  any  name  printed  or  written  thereon.  As  soon  as  the  polls 
are  finally  closed,  the  election  officers  must  immediately  pro- 
ceed to  count  and  canvass  the  votes  given  at  such  primary  elec- 
tion. The  canvass  must  be  public,  in  the  presence  of  the 
bystanders,  and  every  political  party  shall  be  entitled  to  have 
at  least  two  representatives  present.  The  canvass  must  be  con- 
tinued without  adjournment  until  completed  and  the  result 
thereof  is  declared;  but  one  box  shall  be  opened  and  can- 
vassed at  the  same  time,  and  no  other  box  shall  be  opened 
until  such  box  being   canvassed  is  completed  and  the   result 


—  163  — 

written  out  and  certified  and  declared.  Except  as  herein  other- 
wise provided,  said  votes  shall  be  counted,  canvassed,  listed, 
strung,  numbered,  tallied,  in  the  same  manner  required  by  law 
for  the  counting,  canvassing,  listing,  stringing,  numbering,  and 
tallying  of  votes  at  a  general  election  for  public  officers,  and 
the  tally  lists,  ballots,  and  registers  must  be  signed,  certified, 
made  up,  sealed,  delivered,  preserved,  and  kept  in  the  same 
manner  as  required  by  law  at  a  general  election  for  public 
officers. 

Sec.  10.  When  the  counting  of  the  ballots  is  completed  the 
election  officers  in  each  such  precinct  shall  officially  declare  the 
result,  and  shall  furnish  to  the  candidates  having  received  a 
plurality  of  all  the  votes  cast  in  such  precincts  for  delegates  to 
each  political  party  to  the  county  or  district  conventions,  when 
a  delegate  is  to  represent  a  precinct,  a  certificate,  which  cer- 
tificate shall  be  signed  by  all  of  the  precinct  election  officers, 
and  be  delivered  by  them  to  the  successful  candidate;  and 
such  certificate,  when  so  delivered,  shall  be  the  only  credential 
required  of  any  delegate  to  the  party  convention  to  which  he 
was  elected.  They  shall  canvass  the  votes  of  all  delegates  to 
the  State  convention,  and  when  it  requires  more  votes  to  elect 
than  those  of  one  precinct,  they  shall  certify  the  result  of  the 
ballot  in  such  precinct  to  the  Clerk  of  the  Board  of  Election 
Commissioners,  and  shall  seal  up  the  ballots  cast  in  such  pre- 
cinct and  the  poll  lists,  and  on  the  outside  of  the  envelope  so 
sealed  the  election  officers  of  each  precinct  shall  write  and  sign 
a  certificate  to  the  effect  that  it  contains  all  the  ballots  cast  in 
such  precinct  and  the  poll  lists  kept  by  the  Clerks.  They  shall 
also,  in  a  separate  envelope,  send  a  certificate  of  the  number  of 
votes  cast  for  each  delegate  to  the  State  convention,  and  to  the 
county  convention,  when  it  takes  the  votes  of  more  than  one 
precinct  to  elect  a  delegate,  and  said  County  Clerk  shall  safely 
keep  such  ballots  and  poll  lists  until  the  adjournment  of  all 
political  conventions  in  that  year,  when  he  shall  destroy  the 
same.  In  case  it  requires  more  votes  than  is  cast  in  one  pre- 
cinct to  elect  a  delegate  to  the  county  or  State  convention,  the 
Clerk  shall  canvass  the  votes  of  the  precincts  voting  for  such 
delegates,  as  returned  by  the  precinct  officers,  and  issue  a  cer- 
tificate of  election  to  the  several  persons  receiving  a  plurality 
of  the  votes  of  his  party  in  such  precincts  as  are  within  the 
county. 

Sec  11.  The  governing  body  in  the  county  of  each  political 
party  taking  part  in  such  primary  election  may  furnish  to  the 
Board  of  Election  Commissioners,  prior  to  or  at  the  time  of  the 
selection  by  the  said  ioard  of  the  election  officers,  the  name  of 
an  elector  in  each  precinct  whom  such  party  is  desirous  to  have 
appointed  as  general  challenger  for  such  party.  It  shall  be  the 
duty  of  such  Board  of  Election  Commissioners,  finding  that 
the  person  named  is  a  resident  of  such  precinct,  and  that  his 
name  appears  on  the  last  Precinct  Register  of  said  precinct,  to 
appoint  such  person  as  such  challenger,  and  cause  a  certificate 
to  that  effect,  under  its  seal,  to  issue  to  such  person,  which  the 
said  Clerk  shall  transmit  to  such  person,  in  the  same  manner 


—  164  — 

as  provided  in  this  Act  for  transmitting  the  certificates  to  the 
election  officers.  At  any  time  after  that,  and  as  soon  as  the 
third  day  before  the  election,  any  body  of  resident  voters  of 
any  precinct,  not  less  than  the  number  of  delegates  of  said 
party  to  be  elected  in  said  precinct,  may  file  a  petition  with  the 
Board  of  Commissioners,  setting  forth  that  it  is  their  intention 
to  run  as  candidates  at  such  primary  election,  and  requesting 
the  appointment  of  some  person  as  a  special  challenger  to  act 
on  their  behalf,  and  naming  such  person.  It  shall  thereupon 
be  the  duty  of  said  Board  to  ascertain  if  such  person  has  the 
qualifications  hereinbefore  provided,  and  if  so,  to  appoint  such 
person,  and  cause  a  like  certificate  to  be  issued  to  him.  Such 
challengers  shall  act  without  compensation  when  so  appointed, 
and  shall  be  sworn,  the  same  as  an  election  officer,  and  shall 
have  power  to  challenge  the  vote  of  any  person  by  him  believed 
to  be  voting  unlawfully,  upon  any  ground  mentioned  in  the 
general  election  law;  and  such  challengers,  during  the  prog- 
ress of  any  such  primary  election,  shall  be  vested  with  all  the 
powers  of  a  peace  officer;  he  shall  have  free  access  to  such  poll- 
ing place  during  the  election  and  the  counting  of  the  ballots. 

Sec.  12.  Any  person  who,  at  any  such  primary  election, 
shall  vote  illegally  or  attempt  so  to  vote,  shall  be  subject  to 
the  same  punishment  as  provided  by  law  in  case  of  such  voting 
or  attempting  to  vote  at  the  general  election  in  this  State.  No 
person  shall  be  allowed  to  vote  whose  name  did  not  appear 
upon  the  Great  or  the  Precinct  Register  of  the  county,  in  the 
precinct  in  which  he  desires  to  vote,  at  the  last  general  election, 
as  a  person  entitled  to  vote  in  such  precinct.  If  the  election 
officers  at  such  primary  election  shall  knowingly  permit  any 
person  to  vote  after  being  challenged,  who  shows,  by  his  exam- 
ination, that  he  is  not  entitled  to  vote,  they  shall  be  guilty  of 
a  felony,  and  upon  conviction  thereof  be  imprisoned  in  State's 
Prison  not  less  than  one  nor  more  than  five  years. 

Sec  18.  The  primary  elections  for  all  political  parties  or 
organizations  within  the  State  shall  be  held  at  the  same  time 
under  the  provisions  of  this  Act.  Each  political  party  or 
organization  may  determine  for  itself  how  many  district  con- 
ventions it  will  hold  for  nominating  its  various  candidates; 
provided,  all  candidates  which  are  to  be  elected  within  a  given 
territory  must  be  nominated  in  the  same  convention.  Dele- 
gates to  a  State  convention  may,  at  the  option  of  a  party, 
divide  themselves  into  district  conventions  to  nominate  mem- 
bers of  Congress,  of  the  Board  of  Equalization,  and  Railroad 
Commissioners,  respectively,  or  any  party  may,  at  its  option, 
select  separate  delegates  to  compose  any  or  all  such  district 
conventions. 

The  delegates  to  a  county,  or  city  and  county  convention 
must  nominate  all  the  candidates  which  it  desires  to  name  for 
a  county  or  city  and  county  office,  in  such  county  or  city  and 
county,  and  any  party  may  at  its  option  nominate  candidates 
for  State  Senator,  or  Assemblyman,  or  Supervisors,  or  Justices 
of  the  Peace,  or  Constable,  who  are  to  be  voted  for  in  such 
county,  or  city  and  county,  or  in  any  part  of  such  county,  or 


—  165  — 

city  and  county;  or  any  party  may  at  its  option  elect  separate 
delegates  to  compose  any  senatorial,  assembly,  or  other  local 
convention.  Where  any  assembly  or  senatorial  district  is 
composed  of  more  than  one  county,  any  political  party  may 
select  separate  delegates  to  a  separate  convention,  to  nominate 
such  Assemblyman  or  Senator,  or  it  may,  at  its  option,  in 
any  county  convention  select  joint  delegates  to  meet  joint 
delegates  from  any  other  part  of  such  senatorial  or  assembly 
district  to  compose  a  convention  to  nominate  such  Assembly- 
man or  State  Senator. 

Every  party  shall  cause  to  be  printed  or  written  upon  the 
ballots  used  by  it  in  the  general  primary  election,  the  different 
sets  of  delegates  it  desires  to  choose  at  such  primary,  and  each 
set  of  delegates  must  be  separated  distinctly  from  every  other 
set  named  on  the  ballot,  and  over  each  separate  set  of  dele- 
gates must  be  printed  or  written  the  designation  of  the  conven- 
tion to  which  the  delegates  named  in  such  set  are  selected. 
The  tickets  shall  be  substantially  in  the  following  form — 
varied  to  suit  each  case: 

Republican  Primary  Ticket. 
Delegates  to  State  Convention.  Vote  for 


1  John  Doe. 

2  Richard  Roe. 

3  James  Black. 

4  Philip  Ross. 


Delegates  to  Railroad  District  Convention, District. 

Vote  for 


1  John  Doe. 

2  Richard  Roe. 

3  James  Black. 

4  Philip  Ross. 


Delegates  to  Equalization  District  Convention.      Vote  for 

1  John  Doe. 

2  Richard  Roe. 

3  James  Black. 

4  Philip  Ross. 


Delegates  to  Congressional  District  Convention  for Con- 
gressional District.                                                    Vote  for 


1  John  Doe. 

2  Richard  Roe. 

3  James  Black. 

4  Philip  Ross. 


Delegates  to  County  Convention  for County.     Vote  for 


1  John  Doe. 

2  Richard  Roe. 

3  James  Black. 


—  166  — 

Delegates  to  State  Senatorial  Convention  for Senatorial 

District.  Vote  for 

1  John  Doe. 

2  Richard  Roe. 

3  James  Black. 

Delegates  to  Assembly  Convention  for Assembly  District. 

Vote  for 


1  John  Doe. 

2  Richard  Roe. 

3  James  Black. 


The  names  of  each  proposed  delegate  in  each  set  shall  be 
numbered  consecutively,  and  opposite  each  set  of  delegates 
shall  be  expressed  the  number  to  be  voted  for  in  such  set.  If 
there  is  any  delegate  written  or  printed  for  whom  any  voter 
does  not  desire  to  vote,  or  if  there  be  more  names  in  any  set 
than  is  to  be  selected,  the  voter  may  erase  any  name  by  draw- 
ing a  line  through  such  name  with  ink,  and  not  otherwise.  If 
any  set  of  delegates  contain  more  names,  not  erased,  than  is 
allowed  by  law,  such  ticket  cannot  be  counted  as  to  such  set, 
but  must  be  counted  as  to  any  other  set  correctly  voted  for. 

Sec.  14.  At  a  general  primary  election  held  for  the  purpose 
of  electing  delegates  to  a  convention  other  than  a  State  con- 
vention, there  shall  be  elected  not  less  than  one  delegate  for 
each  party  convention  for  each  two  hundred  votes,  and  each 
fraction  of  one  hundred  or  more,  cast  in  such  precinct  at  the 
last  general  election;  provided,  that  no  convention  shall  be 
illegal  for  lack  of  the  election  of  a  delegate  or  delegates  in  any 
precinct.  In  selecting  delegates  for  a  State  convention  each 
political  party  or  organization  shall  determine  how  many  dele- 
gates it  will  choose  from  each  county,  city  and  county,  in  the 
State,  and  name  the  number  in  their  petition,  and  the  persons 
receiving  the  highest  vote  for  each  party  shall  be  determined 
by  canvassing  the  vote  in  the  various  precincts  as  provided  in 
section  ten  of  this  Act. 

Sec  15.  At  any  time  in  any  county,  city  and  county,  city, 
or  township,  or  in  any  assembly  district  or  political  division 
within  this  State,  or  any  precinct  therein,  at  which  a  general 
primary  election  is  held  for  the  election  of  delegates  to  a  conven- 
tion, any  voter  entitled  to  vote  at  such  primary  election  may  be 
a  candidate  for  election  as  a  delegate  to  any  party  convention 
to  represent  the  precinct  or  district  in  which  he  is  a  voter. 

Sec.  16.  As  soon  as  the  returns  are  received  by  the  County 
Clerk,  he  shall  canvass  the  same  and  issue  a  certificate  of  elec- 
tion for  the  different  State  conventions,  to  the  different  persons 
receiving  a  plurality  of  the  party  votes  cast  for  such  delegates. 

Sec.  17.  The  ballot  to  be  used  at  such  general  primary  elec- 
tion shall  be  of  uniform  size,  twelve  inches  in  length  and  six 
inches  in  width. 

Sec  18.  It  shall  be  the  duty  of  the  Board  of  Supervisors 
of  each  county  within  the  State  of  California,  to  appropriate 


—  167  — 

from  the  general  funds  of  the  county  a  sufficient  sum  of  money 
to  pay  all  necessary  expenses  of  holding  any  such  primary 
elections  within  such  county;  and  it  shall  be  the  duty  of  the 
Auditor  of  each  county  within  the  State  of  California  to  draw 
upon  such  appropriated  funds  his  several  warrants  for  the  pay- 
ment of  all  expenses  of  such  primary  election  as  the  same 
shall  be  certified  to  him  by  the  County  Clerk;  such  expenses 
shall  consist  only  of  the  payment  for  the  box  in  which  to  keep 
the  names  selected,  for  polling  places,  election  officers,  for 
printing,  for  advertising,  for  stationery,  ballot-boxes,  and  postage 
stamps  and  tally  sheets.  The  several  political  parties  shall 
furnish  their  own  ballots. 

Sec.  19.  If  in  any  city  or  county  there  shall  not  be  by  law 
any  Board  of  Election  Commissioners,  then  all  duties  enjoined 
herein  upon  a  Board  of  Election  Commissioners  shall  be  enjoined 
upon  and  performed  by  the  Common  Council  or  Trustees  of  a 
city  or  the  Board  of  Supervisors  of  a  county;  and  all  duties 
enjoined  upon  the  Clerk  of  a  Board  of  Election  Commissioners, 
where  there  is  no  such  Board  in  any  city  or  county,  are  enjoined 
upon  and  shall  be  performed  by  the  Clerk  of  a  city  or  by  a 
County  Clerk,  as  the  case  may  be,  as  fully  and  with  equal 
force  and  effect  as  if  specifically  set  forth  in  this  Act. 

Sec.  20.  Any  act  denounced  as  an  offense  by  the  general 
laws  concerning  elections  of  this  State  shall  also  be  an  offense 
in  all  primary  elections,  and  in  all  matters  relating  thereto, 
antecedent  or  subsequent,  and  shall  be  punished  in  the  same 
form  and  with  like  penalties  as  is  prescribed  for  the  punish- 
ment of  similar  offenses  against  the  general  election  laws;  and 
all  the  provisions  and  penalties  provided  by  law  shall  apply  in 
all  cases  connected  with  primary  elections  with  equal  force,  and 
shall  be  as  effective  as  if  specifically  set  out  in  this  Act. 

Sec  21.  No  candidate  can  have  his  name  printed  upon  any 
ballot,  to  be  voted  for  as  a  candidate  for  public  office  at  any 
general  election  in  this  State,  unless  he  shall  have  been  nomi- 
nated by  a  convention  composed  of  delegates  chosen  as  pro- 
vided by  this  Act;  provided,  however,  that  nothing  in  this  Act 
shall  prevent  any  candidate  or  candidates  from  being  nomi- 
nated as  provided  by  section  eleven  hundred  and  eighty-eight  of 
the  Political  Code;  but  such  nominees  can  have  no  other  des- 
ignation upon  a  ballot  than  the  word  "  Independent." 

Sec  22.  No  ticket  or  ballot  must,  on  the  day  of  election, 
be  given  or  delivered  to  or  received  by  any  person  except  the 
Inspector,  or  a  Judge  acting  as  Inspector,  within  one  hundred 
feet  of  the  polling  place.  No  person  must,  on  the  day  of  election, 
fold  any  ticket  or  unfold  any  ballot  which  he  intends  to  use 
in  voting,  within  one  hundred  feet  of  the  polling  place;  exhibit 
to  another  in  any  manner,  by  which  the  contents  thereof  may 
become  known,  any  ticket  or  ballot  which  he  intends  to  use  in 
voting.  No  person  must,  on  the  day  of  the  election,  within  one 
hundred  feet  of  the  polling  place,  exhibit  to  another  in  any 
manner  by  which  the  contents  thereof  may  become  known,  any 
ticket  or  ballot  which  he  intends  to  use  in  voting.  No  person 
must,  on  the  day  of  election,  within  one  hundred  feet  of  the  poll- 


—  168  — 

ing  place,  request  another  person  to  exhibit  or  disclose  the  con- 
tents of  any  ticket  or  ballot  which  such  other  persons  intend  to 
use  in  voting. 

Sec.  23.  No  polling  place  shall  be  held  in  any  saloon  where 
malt,  vinous,  or  spirituous  liquors  are  sold,  or  in  any  room 
leading  from  or  in  any  manner  connected  with  such  saloon. 

Sec.  24.  Immediately  upon  making  out  the  credentials  of 
any  delegates  elected  under  this  law,  the  Clerk  charged  with 
signing  such  credentials  shall  mail  to  the  Secretary  of  each 
political  party  or  organization  which  participated  in  the  pri- 
mary, a  complete  list  of  all  delegates  to  whom  credentials  shall 
have  been  given;  and  said  Clerk  must,  in  a  proper  book  to  be 
by  him  kept,  record  the  names  of  all  delegates  elected,  with 
the  vote  received  by  each,  specifying  those  to  whom  credentials 
have  been  given,  stating  when  and  where  such  credentials  were 
mailed;  and  if  any  delegate  entitled  to  credentials  shall  not 
have  received  his  credentials,  or  have  lost  the  same,  said  Clerk 
must,  upon  request,  issue  a  new  credential  to  such  delegate, 
which  must  be  stamped  "Duplicate." 

Sec  25.  In  years  when  by  law  Electors  of  President  and 
Vice-President  are  to  be  voted  for,  a  State  convention,  to  select 
delegates  to  a  National  convention,  to  select  candidates  for 
Elector  of  President  and  Vice-President,  and  at  its  option  to 
divide  itself  into  a  district  convention,  or  district  conven- 
tions, to  nominate  candidates  for  Congress  or  other  district 
nominees,  shall  be  composed  of  delegates  selected  pursuant  to 
this  Act  at  a  general  primary  for  such  purpose,  to  be  held  upon 
the  last  Tuesday  of  March  in  each  such  year;  provided,  that 
in  all  counties  which  cast  less  than  nine  thousand  votes  for 
Governor  at  the  last  preceding  general  election  any  political 
party  or  organization  entitled  to  participate  in  such  a  State 
convention  shall  not  be  bound  to  proceed  under  this  Act,  but 
may  select  delegates  to  such  a  State  convention  in  the  manner 
any  such  party  or  organization  may  respectively  determine  in 
any  such  last  mentioned  county. 

Sec  26.  This  Act  shall  apply  to,  take  effect  in,  and  be  in 
force  only  in  counties  of  the  first  and  second  classes. 

Sec  27.  Within  thirty  days  after  the  passage  of  this  Act  the 
Secretary  of  State  shall  cause  ten  thousand  copies  of  this  Act 
to  be  printed  in  pamphlet  form  for  free  distribution. 

Sec  28.  All  Acts  and  parts  of  Acts  inconsistent  with  this 
Act  are  hereby  repealed. 

Sec  29.     This  Act  shall  take  effect  immediately. 


—  169 


CHAPTER  CLXXXII. 


An  Act  to  provide  for  the  levy  and  collection  of  taxes  by  and  for 
the  use  of  municipal  corporations  and  cities  incorporated  under 
the  laws  of  the  State  of  California,  except  municipal  corpora- 
tions of  the  first  class,  and  to  provide  for  the  consolidation  and 
abolition  of  certain  municipal  offices,  and  to  provide  that  their 
duties  may  be  performed  by  certain  officers  of  the  county,  and 
fixing  the  compensation  to  be  allowed  for  such  county  officers  for 
the  services  so  rendered  to  such  municipal  corporations, 

[Approved  March  27,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  The  Board  of  Trustees,  Common  Council,  or  other 
legislative  body  of  any  municipal  corporation  or  city  in  this 
State,  except  municipal  corporations  of  the  first  class,  shall  have 
power,  and  it  shall  be  their  duty  to  fix  by  ordinance  the  amount 
of  money  necessary  to  be  raised  by  taxation  upon  the  taxable 
property  therein,  as  a  revenue  to  carry  on  the  various  depart- 
ments of  such  municipal  corporation  or  city  for  the  current  year, 
not  to  exceed  the  limit  fixed  by  law,  and  to  pay  the  bonded  or 
other  indebtedness  of  such  municipal  corporation  or  city.  The 
Board  of  Trustees,  Common  Council,  or  other  legislative  body, 
shall  meet  for  such  purpose,  and  shall  so  ascertain  and  fix  said 
amount,  on  the  first  Monday  in  August  of  each  year;  provided, 
however,  that  the  provisions  of  this  Act  shall  not  apply  to  or  be 
in  force  in  any  city  or  municipal  corporation  until  its  Board  of 
Trustees,  Common  Council,  or  other  legislative  body,  shall  have 
passed  an  ordinance  electing  to  avail  itself  of  the  provisions  of 
this  Act,  and  filed  a  certified  copy  of  the  same  with  the  Auditor 
of  the  county  in  which  such  municipal  corporation  or  city  is 
situated,  on  or  before  the  first  Monday  in  February  of  each  year; 
and  thereafter  all  assessments  shall  be  made  and  taxes  collected 
by  the  Assessor  and  Tax  Collector  of  such  county  until  such  city 
or  municipal  corporation  shall,  by  ordinance,  elect  not  to  avail 
itself  of  the  provisions  of  this  Act  for  any  longer  time. 

Sec.  2.  The  Board  of  Trustees,  Common  Council,  or  other 
legislative  body  of  any  municipal  corporation  or  city  in  this 
State,  except  municipal  corporations  of  the  first  class,  shall  have 
power  to  elect  that  the  duties  of  the  City  Treasurer  of  such  city 
or  municipal  corporation  shall  be  performed  by  the  County 
Treasurer  of  the  county  in  which  such  city  or  municipal  cor- 
poration is  situated;  and  whenever  such  Board  of  Trustees, 
Common  Council,  or  other  legislative  body  shall,  by  ordinance, 
so  determine,  such  duties  shall  be  performed  by  the  Treasurer  of 
the  county  in  which  such  city  or  municipal  corporation  is  situ- 
ated. A  certified  copy  of  such  ordinance  shall  be  served  on  the 
Tax  Collector  and  Treasurer  of  such  county,  and  such  ordi- 
nance shall  also  prescribe  the  manner  in  which  money  shall  be 
drawn  out  of  the  various  funds  belonging  to  such  city  or  munici- 
pal corporation  in  the  hands  of  the  Treasurer. 


—  170  — 

Sec.  3.  The  County  Auditor  must,  on  or  before  the  second 
Monday  in  August  of  each  year,  transmit  to  the  Board  of 
Trustees,  Common  Council,  or  other  legislative  body  of  such 
municipal  corporation  or  city  within  such  county,  a  statement, 
in  writing,  showing  the  total  value  of  all  property  within  each 
municipal  corporation  or  city,  respectively,  which  value  shall 
be  ascertained  from  the  assessment  books  of  such  county  for 
such  year,  as  equalized  and  corrected  by  the  Board  of  Super- 
visors of  such  county. 

Sec.  4.  Each  Board  of  Trustees,  Common  Council,  or  other 
legislative  body  of  such  municipal  corporation  or  city  shall,  on 
the  first  Monday  in  September,  fix  the  rate  of  taxes,  designated 
in  the  number  of  cents  upon  each  hundred  dollars,  using  as  a 
basis  the  value  of  the  property  as  assessed  by  the  County 
Assessor,  and  so  returned  to  such  Board  by  the  County  Auditor, 
as  required  by  section  two  of  this  Act,  which  rate  of  taxation 
shall  be  sufficient  to  raise  the  amount  so  fixed  by  such  Board, 
as  required  in  section  one  of  this  Act,  which  acts  by  said  Board 
are  declared  to  be  a  valid  assessment  of  such  property  and  a 
valid  levy  of  such  rates  so  fixed.  Such  municipal  or  city  Board 
must  immediately  thereafter  transmit  to  the  County  Auditor  of 
the  county  in  which  such  municipal  corporation  or  city  is  situ- 
ated a  statement  of  such  rate  so  fixed  by  such  municipal  Board. 

Sec  5.  The  Auditor  must  then  compute  and  enter  in  a 
separate  column  in  the  assessment  book,  to  be  headed  "City 

Tax,  City  of  "  (naming  it),  the  respective  sums  in  dollars 

and  cents  to  be  paid  as  a  municipal  or  city  tax  on  the  property 
therein  enumerated  and  assessed  as  being  in  any  municipal 
corporation  or  city,  using  the  rate  of  levy  so  fixed  by  such 
municipal  Board,  and  the  assessed  value  as  found  in  such 
assessment  book.  Such  taxes  so  levied  shall  be  collected  at  the 
same  time  and  in  the  same  manner  as  State  and  county  taxes; 
and  when  collected  the  net  amount  as  ascertained  by  sections 
six  and  seven  of  this  Act  shall  be  paid  to  the  Treasurer  of  the 
municipal  corporation  or  city  to  which  it  respectively  belongs, 
under  the  general  requirements  and  penalties  provided  by  law 
for  the  settlement  of  other  taxes;  provided,  however,  that  when 
such  city  has  by  ordinance,  a  certified  copy  of  which  has  been 
served  upon  the  Tax  Collector  of  such  county,  elected  to  avail 
itself  of  the  provisions  of  section  two  of  this  Act,  then  such  Tax 
Collector  shall  pay  the  money  belonging  to  such  city  or  munic- 
ipal corporation  over  to  the  Treasurer  of  the  county  in  which 
such  city  or  municipal  corporation  is  situated. 

Sec  6.  The  Board  of  Supervisors,  on  the  filing  of  itemized 
statements  by  the  County  Auditor  and  County  Tax  Collector, 
showing  the  additional  expense  to  their  offices  of  assessing  and 
collecting  these  local  taxes,  may,  by  an  order  spread  upon  the 
minutes,  deduct  such  expenses  from  the  taxes  of  such  munici- 
pal corporation  or  city,  while  in  the  hands  of  the  County  Tax 
Collector,  and  cover  the  same  into  the  County  Salary  Fund; 
provided,  that  not  more  than  one  per  cent  shall  be  charged  for 
collecting  the  first  twenty-five  thousand  dollars  so  collected, 
and  one  fourth  of  one  per  cent  for  all  sums  over  that  amount. 


—  171  — 

Sec.  7.  Whenever  the  Board  of  Trustees,  Common  Council, 
or  other  legislative  body  of  any  municipal  corporation  or  city 
in  this  State  has  elected  to  avail  itself  of  the  provisions  of 
section  two  of  this  Act,  the  Board  of  Supervisors  of  such  county 
shall  also  reserve  as  and  for  the  expenses  of  the  County  Treas- 
urer, incurred  by  reason  of  the  imposing  of  these  duties  upon 
him,  the  sum  of  one  fourth  of  one  per  cent,  which  sum  shall 
be  deducted  from  the  money  collected  by  the  County  Tax 
Collector,  and  covered  in  to  the  County  Treasurer  into  the 
County  Salary  Fund. 

Sec.  8.  Whenever  the  Board  of  Trustees,  Common  Council, 
or  other  legislative  body  of  any  municipal  corporation  or  city 
in  this  State  shall  have  availed  itself  of  the  provisions  of  this 
Act,  all  duties,  other  than  the  assessing  of  the  property  of  such 
city  or  municipal  corporation,  belonging  to  the  office  of  the  City 
Assessor  shall  be  transferred  to  and  performed  by  the  Clerk  of 
such  city  or  municipal  corporation;  and  all  duties,  other  than 
the  collection  of  taxes,  belonging  to  the  office  of  City  Tax  Col- 
lector shall  be  transferred  to  and  be  performed  by  the  City 
Marshal  or  Chief  of  Police  of  such  city  or  municipal  corpora- 
tion, and  thereafter  the  office  of  City  Assessor,  and  City  Tax 
Collector,  and  City  Treasurer  may  be  by  ordinance  abolished. 

Sec  9.  Whenever  any  real  property  situate  in  any  city  or 
municipal  corporation  which  has  availed  itself  of  the  provisions 
of  this  Act  has  been  sold  for  taxes  and  has  been  redeemed,  the 
money  paid  for  such  redemption  shall  be  apportioned  by  the 
County  Treasurer  to  such  city  or  municipal  corporation  in  the 
proportion  which  the  tax  due  to  such  city  or  municipal  cor- 
poration bears  to  the  total  tax  for  which  such  real  property 
was  sold. 

Sec  10.  All  Acts  and  parts  of  Acts  in  conflict  with  the  pro- 
visions of  this  Act  are  hereby  repealed. 

Sec  11.     This  Act  shall  take  effect  immediately. 


CHAPTER  CLXXXIII. 

An  Act  to  provide  for  incorporation,  operation,  and  management 
of  cooperative  associations. 

[Approved  March  27,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  It  shall  be  lawful  for  five  or  more  persons  to 
form  a  cooperative  association  for  the  purpose  of  transacting 
any  lawful  business.  Such  associations  shall  not  have  or  issue 
any  capital  stock,  but  shall  issue  membership  certificates  to 
each  member  thereof,  and  such  membership  certificates  cannot 
be  assigned  so  that  the  transferee  thereof  can  by  such  transfer 
become  a  member  of  the  association  except  by  the  resolution 
of  the  Board  of  Directors  of  the  association.     But  by  the  reso- 


—  172  — 

lution  of  consent  of  the  Board  of  Directors,  such  certificates 
may  be  transferred,  so  that  the  transferee  may  become  a  mem- 
ber in  lieu  of  the  last  former  holder  thereof. 

Sec.  2.  In  such  association  the  rights  and  interest  of  all 
members  shall  be  equal,  and  no  member  can  have  or  acquire  a 
greater  interest  therein  than  any  other  member  has.  At  every 
election  held  pursuant  to  the  by-laws  each  member  shall  be 
entitled  to  cast  one  vote  and  no  more.  All  persons  above  the 
age  of  eighteen  years,  regardless  of  sex,  shall  be  eligible  to 
membership,  if  otherwise  qualified  and  elected  as  the  by-laws 
may  provide.  The  by-laws  shall  provide  for  the  amount  of 
the  indebtedness  which  such  association  may  incur.  And  no 
member  shall  be  responsible  individually,  or  personally  liable, 
for  any  of  the  debts  or  liabilities  of  the  association  in  excess 
of  his  proportion  of  such  indebtedness;  but  in  case  of  the  fail- 
ure and  insolvency  of  such  association,  may  be  required  to 
pay  any  unpaid  dues  or  installments  which  have,  before  such 
insolvency,  become  due  from  such  member  to  the  association, 
pursuant  to  its  by  laws. 

Sec  3.  Every  association  formed  under  this  Act  shall  pre- 
pare articles  of  association,  in  writing,  which  shall  set  forth: 
The  name  of  the  association,  the  purpose  for  which  it  is  formed, 
the  place  where  its  principal  business  is  to  be  transacted,  the 
term  for  which  it  is  to  exist  (not  to  exceed  fifty  years),  the 
number  of  the  Directors  thereof,  and  the  names  and  residences 
of  those  selected  for  the  first  year,  the  amount  which  each 
member  is  to  pay  upon  admission  as  membership  fee,  and  that 
each  member  signing  the  articles  has  actually  paid  in  such  sum, 
and  that  the  interest  and  right  of  each  member  therein  is  to 
be  equal.  Such  articles  of  association  must  be  subscribed  by 
the  original  associates  or  members,  and  acknowledged  by  each 
before  some  person  competent  to  take  an  acknowledgment  of  a 
deed  in  this  State.  Such  articles  so  subscribed  and  acknowl- 
edged shall  be  filed  in  the  office  of  the  Secretary  of  State,  who 
shall  furnish  a  certified  copy  thereof,  which  shall  be  filed  in 
the  office  of  the  County  Clerk  of  the  county  where  the  principal 
business  of  such  association  is  to  be  transacted:  and  from  the 
time  of  such  filing  in  the  office  of  said  County  Clerk  the  associa- 
tion shall  be  complete,  and  shall  have  and  exercise  all  the  powers 
for  which  it  was  formed. 

Sec.  4.  Every  association  formed  under  this  Act  must, 
within  forty  days  after  it  shall  so  become  an  association,  adopt 
a  code  of  by-laws  for  the  government  and  management  of  the 
association,  not  inconsistent  with  this  Act.  A  majority  of  all 
the  associates  shall  be  necessary  to  the  adoption  of  such  by- 
laws, and  the  same  must  be  written  in  a  book,  and  subscribed 
by  the  members  adopting  the  same;  and  the  same  cannot  be 
amended  or  modified  except  by  the  vote  of  a  majority  of  all  the 
members,  after  notice  of  the  proposed  amendment  shall  be  given, 
as  the  by-laws  may  provide.  Such  association  may,  by  its  code 
of  by-laws,  provide  for  the  time,  place,  and  manner  of  calling 
and  conducting  its  meetings;  the  number  of  Directors,  the 
time  of  their  election,  their  term  of  office,  the  mode  and  man- 


—  173  — 

ner  of  their  removal,  the  mode  and  manner  of  filling  vacancies 
in  the  Board  caused  by  death,  resignation,  removal,  or  other- 
wise, and  the  power  and  authority  of  such  Directors,  and  how 
many  thereof  shall  be  necessary  to  the  exercise  of  the  powers 
of  such  Directors,  which  must  be  at  least  a  majority;  the  com- 
pensation of  any  of  the  Directors,  or  of  any  officer;  the  number 
of  the  officers,  if  any,  other  than  the  Directors,  and  their 
term  of  office;  the  mode  of  removal,  and  the  method  of  filling  a 
vacancy;  the  mode  and  manner  of  conducting  business;  the 
mode  and  manner  of  conducting  elections,  and  may  provide  for 
voting  by  ballots  forwarded  by  mail  or  otherwise;  provided,  the 
method  shall  secure  the  secrecy  of  the  ballot;  the  mode  and 
manner  of  succession  of  membership,  and  the  qualifications  for 
membership,  and  on  what  conditions,  and  when  membership 
shall  cease,  and  the  mode  and  manner  of  expulsion  of  a  mem- 
ber, subject  to  the  right  that  an  expelled  member  shall  have  a 
right  to  have  the  Board  of  Directors  appraise  his  interest  in 
the  association  in  either  money,  property,  or  labor,  as  the 
Directors  shall  deem  best,  and  to  have  the  money,  property,  or 
labor  so  awarded  him  paid,  or  delivered,  or  performed  within 
forty  days  after  expulsion;  the  amount  of  membership  fee,  and 
the  dues,  installments,  or  labor  w7hich  each  member  shall  be 
required  to  pay  or  perform,  if  any,  and  the  manner  of  collection 
or  enforcement,  and  for  forfeiting  or  selling  of  membership 
interest  for  non-payment  or  non-performance;  the  method, 
time,  and  manner  of  permitting  the  withdrawal  of  a  member, 
if  at  all,  and  how  his  interest  shall  be  ascertained,  either  in 
money  or  property,  and  within  what  time  the  same  shall  be 
paid  or  delivered  to  such  member;  the  mode  and  manner  of 
ascertaining  the  interest  of  a  member  at  his  death,  if  his  legal 
representatives  or  none  of  them  desire  to  succeed  to  the  mem- 
bership, and  whether  the  same  shall  be  paid  to  his  legal  repre- 
sentatives in  money,  or  property,  or  labor,  and  within  what 
time  the  same  shall  be  paid,  or  delivered,  or  performed;  such 
other  things  as  may  be  proper  to  carry  out  the  purpose  for 
which  the  association  was  formed. 

Sec.  5.  The  by-laws  and  all  amendments  must  be  recorded 
in  a  book  and  kept  in  the  office  of  the  association,  and  a  copy, 
certified  by  the  Directors,  must  be  filed  in  the  office  of  the 
County  Clerk  where  the  principal  business  is  transacted. 

Sec  6.  The  property  of  such  association  shall  be  subject  to 
judgment  and  execution  for  the  lawful  debts  of  the  association. 
The  interest  of  a  member  in  such  association,  if  sold  upon 
execution,  or  any  judicial  or  governmental  order  whatever, 
cannot  authorize  the  purchaser  to  have  any  right,  except  to 
succeed,  as  a  member  in  the  association,  with  the  consent  of  the 
Directors,  to  the  rights  of  the  member  whose  interest  is  thus 
sold.  If  the  Directors  shall  choose  to  pay  or  settle  the  matter 
after  such  sale,  they  may  either  cancel  the  membership,  and  add 
the  interest  thus  sold  to  the  assets  or  common  property  of  the 
association,  or  re-issue  the  share  or  right  to  a  new  member  upon 
proper  payment  therefor,  as  the  Directors  may  determine. 

Sec.  7.  The  purpose  of  the  business  may  be  altered,  changed, 
modified,  enlarged,  or  diminished  by  a  vote  of  two  thirds  of  all 


—   174   tt 

the  members,  at  a  special  election  to  be  called  for  such  purpose, 
of  which  notice  must  be  given  the  same  as  the  by-laws  shall 
provide  for  election  of  Directors. 

Sec.  8.  The  by-laws  shall  provide  for  the  time  and  manner 
in  which  profits  shall  be  divided  between  the  members,  and 
what  proportion  of  the  profits,  if  any,  shall  be  added  to  the 
common  property  or  funds  of  the  association.  But  the  by-laws 
may  provide  that  the  Directors  may  suspend  or  pass  the  pay- 
ment of  any  such  profit,  or  installment  of  earnings,  at  their 
discretion. 

Sec  9.  Every  association  formed  under  this  Act  shall  have 
power  of  succession  by  its  associate  name  for  fifty  years;  to,  in 
such  name,  sue  and  be  sued  in  any  Court;  to  make  and  use  a 
common  seal,  and  alter  the  same  at  pleasure;  to  receive  by  gift, 
devise,  or  purchase,  hold,  and  convey  real  and  personal  prop- 
erty, as  the  purposes  of  the  association  may  require;  to  appoint 
such  subordinate  agents  or  officers  as  the  business  may  require; 
to  admit  associates  or  members,  and  to  sell  or  forfeit  their 
interest  in  the  association  for  default  of  installments,  or  dues, 
or  work,  or  labor  required,  as  provided  by  the  by-laws;  to  enter 
into  any  and  all  lawful  contracts  or  obligations  essential  to  the 
transaction  of  its  affairs,  for  the  purpose  for  which  it  was 
formed,  and  to  borrow  money,  and  issue  all  such  notes,  bills, 
or  evidences  of  indebtedness  or  mortgage  as  its  by-laws  may 
provide  for;  to  trade,  barter,  buy,  sell,  exchange,  and  to  do  all 
other  things  proper  to  be  done  for  the  purpose  of  carrying  into 
effect  the  objects  for  which  the  association  is  formed. 

Sec.  10.  Two  or  more  associations  formed  and  existing 
under  this  Act  may  be  consolidated  together,  upon  such  terms, 
and  for  such  purposes,  and  by  such  name,  as  may  be  agreed 
upon,  in  writing,  signed  by  two  thirds  of  the  members  of  each 
such  association.  Such  agreement  must  also  state  all  the  mat- 
ters necessary  to  articles  of  association,  and  must  be  acknowl- 
edged by  the  signers  before  an  officer  competent  to  take  an 
acknowledgment  of  deeds  in  this  State,  and  be  filed  in  the 
office  of  the  Secretary  of  State,  and  a  certified  copy  thereof  be 
filed  in  the  office  of  the  County  Clerk  of  the  county  where  its 
principal  business  is  to  be  transacted;  and  from  and  after  the 
filing  of  such  certified  copy,  the  former  associations  comprising 
the  component  parts  shall  cease  to  exist,  and  the  consolidated 
association  shall  succeed  to  all  the  rights,  duties,  and  powers 
of  the  component  associations,  and  be  possessed  of  all  the 
rights,  duties,  and  powers  prescribed  in  the  agreement  of  con- 
solidated association  not  inconsistent  with  this  Act,  and  shall 
be  subject  to  all  the  liabilities  and  obligations  of  the  former 
component  associations,  and  succeed  to  all  the  property  and 
interests  thereof,  and  may  make  by-laws  and  do  all  things 
permitted  by  this  Act. 

Sec  11.  Any  association  formed  or  consolidated  under  this 
Act  may  be  dissolved  and  its  affairs  wound  up  voluntarily  by 
the  written  request  of  two  thirds  of  the  members.  Such  request 
shall  be  addressed  to  the  Directors,  and  shall  specify  reasons 
why  the  winding  up  of  the  affairs  of  the  association  is  deemed 


—  175  — 

advisable,  and  shall  name  three  persons  who  are  members  to 
act  in  liquidation  and  in  winding  up  the  affairs  of  the  associa- 
tion, a  majority  of  whom  shall  thereupon  have  full  power  to  do 
all  things  necessary  to  liquidation;  and  upon  the  filing  of  such 
request  with  the  Directors,  and  a  copy  thereof  in  the  office  of 
the  County  Clerk  of  the  county  where  the  principal  business  is 
transacted,  all  power  of  the  Directors  shall  cease  and  the  per- 
sons appointed  shall  proceed  to  wind  up  the  association,  and 
realize  upon  its  assets,  and  pay  its  debts,  and  divide  the  residue 
of  its  money  among  the  members,  share  and  share  alike,  within 
a  time  to  be  named  in  said  written  request,  or  such  further  time 
as  may  be  granted  them  by  two  thirds  of  the  members,  in  writ- 
ing, filed  in  the  office  of  said  County  Clerk;  and  upon  the  com- 
pletion of  such  liquidation  the  said  association  shall  be  deemed 
dissolved.  No  receiver  of  any  such  association,  or  of  any  prop- 
erty thereof,  or  of  any  right  therein,  can  be  appointed  by  any 
Court,  upon  the  application  of  any  member,  save  after  judgment 
of  dissolution  for  usurping  franchises  at  the  suit  of  the  State  of 
California  by  its  Attorney-General. 

Sec.  12.  The  right  of  any  association  claiming  to  be  organ- 
ized under  this  Act  to  do  business  may  be  inquired  into  by  quo 
warranto,  at  the  suit  of  the  Attorney-General  of  this  State,  but 
not  otherwise. 

Sec.  13.  This  Act  being  passed  to  promote  association  for 
mutual  welfare,  the  words  "  lawful  business''  shall  extend  to 
every  kind  of  lawful  effort  for  business,  educational,  indus- 
trial, benevolent,  social,  or  political  purposes,  whether  conducted 
for  profit  or  not,  and  this  Act  shall  not  be  strictly  construed, 
but  its  provisions  must  at  all  times  be  liberally  construed,  with 
a  view  to  effect  its  object  and  to  promote  its  purposes. 

Sec.  14.     This  Act  shall  take  effect  immediately. 


CHAPTER  CLXXXIV. 

An  Act  to  amend  sections  seven  hundred  and  two  and  seven 
hundred  and  three  of  the  Code  of  Civil  Procedure,  relating  to 
the  redemption  of  property  sold  on  execution. 

[Approved  March  27,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Section  seven  hundred  and  two  of  the  Code  of 
Civil  Procedure  is  hereby  amended  so  as  to  read  as  follows: 

702.  The  judgment  debtor  or  redemptioner  may  redeem 
the  property  from  the  purchaser  any  time  within  six  months 
after  the  sale  on  paying  the  purchaser  the  amount  of  his  pur- 
chase, with  one  per  cent  per  month  thereon  in  addition,  up 
to  the  time  of  redemption,  together  with  the  amount  of  any 
assessment  or  taxes  which  the  purchaser  may  have  paid  thereon 
after  purchase,  and  interest  on  such   amount.      And   if  the 


—  176  — 

purchaser  be  also  a  creditor  having  a  prior  lien  to  that  of  the 
redemptioner,  other  than  the  judgment  under  which  such 
purchase  was  made,  the  amount  of  such  lien  with  interest. 

Sec.  2.  Section  seven  hundred  and  three  of  the  Code  of  Civil 
Procedure  is  hereby  amended  so  as  to  read  as  follows: 

703.  If  property  be  so  redeemed  by  a  redemptioner, 
another  redemptioner  may,  within  sixty  days  after  the  last 
redemption,  again  redeem  it  from  the  last  redemptioner,  on  pay- 
ing the  sum  paid  on  such  last  redemption,  with  two  per  cent 
thereon  in  addition,  and  the  amount  of  any  assessment  or  taxes 
which  the  last  redemptioner  may  have  paid  thereon  after  the 
redemption  by  him,  with  interest  on  such  amount,  and  in 
addition  the  amount  of  any  liens  held  by  said  last  redemptioner 
prior  to  his  own,  with  interest;  but  the  judgment  under  which 
the  property  was  sold  need  not  be  so  paid  as  a  lien.  The  prop- 
erty may  be  again,  and  as  often  as  a  redemptioner  is  so  disposed, 
redeemed  from  any  previous  redemptioner,  within  sixty  days 
after  the  last  redemption,  on  paying  the  sum  paid  on  the  last 
previous  redemption,  with  two  per  cent  thereon  in  addition, 
and  the  amount  of  any  assessments  or  taxes  which  the  last 
previous  redemptioner  paid  after  the  redemption  by  him,  with 
interest  thereon,  and  the  amount  of  any  liens  other  than  the 
judgment  under  which  the  property  was  sold,  held  by  the  last 
redemptioner  previous  to  his  own,  with  interest.  Written  notice 
of  redemption  must  be  given  to  the  Sheriff,  and  a  duplicate  filed 
with  the  Recorder  of  the  county,  and  if  any  taxes  or  assess- 
ments are  paid  by  the  redemptioner,  or  if  he  has  or  acquires 
any  lien  other  than  that  upon  which  the  redemption  was  made, 
notice  thereof  must  in  like  manner  be  given  to  the  Sheriff,  and 
filed  with  the  Recorder;  and  if  such  notice  be  not  filed,  the 
property  may  be  redeemed  without  paying  such  tax,  assess- 
ment, or  lien.  If  no  redemption  be  made  within  six  months 
after  the  sale,  the  purchaser,  or  his  assignee,  is  entitled  to 
a  conveyance ;  or,  if  so  redeemed,  whenever  sixty  days  have 
elapsed,  and  no  other  redemption  has  been  made,  and  notice 
thereof  given,  and  the  time  for  redemption  has  expired,  the 
last  redemptioner,  or  his  assignee,  is  entitled  to  a  Sheriff's  deed; 
but  in  all  cases  the  judgment  debtor  shall  have  the  entire 
period  of  six  months  from  the  date  of  the  sale  to  redeem 
the  property.  If  the  judgment  debtor  redeem,  he  must  make 
the  same  payments  as  are  required  to  effect  a  redemption  by  a 
redemptioner.  If  the  debtor  redeem,  the  effect  of  the  sale  is 
terminated,  and  he  is  restored  to  his  estate.  Upon  a  redemp- 
tion by  the  debtor,  the  person  to  whom  the  payment  is  made 
must  execute  and  deliver  to  him  a  certificate  of  redemption, 
acknowledged  or  proved  before  an  officer  authorized  to  take 
acknowledgments  of  conveyances  of  real  property.  Such  cer- 
tificate must  be  filed  and  recorded  in  the  office  of  the  Recorder 
of  the  county  in  which  the  property  is  situated,  and  the 
Recorder  must  note  the  record  thereof  in  the  margin  of  the 
record  of  the  certificate  of  sale. 


—  177  — 


CHAPTER  CLXXXV. 


An  Act  to  amend  section  one  of  an  Act  entitled  an  Act  to  promote 
the  purity  of  elections  by  regulating  the  conduct  thereof,  and  to 
support  the  privilege  of  free  suffrage  by  prohibiting  certain  acts 
and  privileges  in  relation  thereto,  and  providing  for  the  punish- 
ment thereof. 

[Approved  March  27,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  one  of  an  Act  entitled  an  Act  to  promote  the  purity 
of  elections  by  regulating  the  conduct  thereof,  and  to  support 
the  privilege  of  free  suffrage  by  prohibiting  certain  acts  and 
privileges  in  relation  thereto,  and  providing  for  the  punishment 
thereof,  is  amended  so  as  to  read  as  follows: 

Section  1.  All  nominations  of  candidates  for  public  office  to 
be  filled  by  election  within  this  State,  and  Presidential  Electors, 
must  be  filed  with  the  proper  officer  within  the  time  and  in  the 
manner  prescribed  by  law.  Every  certificate  of  nominations 
made  by  the  members  of  a  political  party,  or  by  a  convention 
or  organized  assemblage  of  delegates,  or  other  body-  of  citizens 
representing  a  political  party  or  principle,  must  be  signed  as 
provided  by  the  provisions  of  sections  eleven  hundred  and 
eighty-seven  (1187)  or  eleven  hundred  and  eighty-eight  (1188) 
of  the  Political  Code  of  this  State;  and  at  the  time  of  filing  the 
certificate  of  nomination,  the  persons  signing  such  certificates 
of  nomination  shall  also  file  with  the  officer  authorized  by 
law  to  receive  and  file  such  certificate  the  names  of  five  persons, 
who  have  accepted,  in  writing,  and  consented  to  act,  selected  to 
receive,  expend,  audit,  and  disburse  all  moneys  contributed, 
donated,  subscribed,  or  in  anywise  furnished  or  raised  for  the 
purpose  of  aiding  or  promoting  the  election  of  the  candidates 
for  office  or  electors  named  in  the  said  certificate  of  nomination, 
or  in  any  manner  to  be  used  in  respect  of  the  conduct  and  man- 
agement of  the  election  at  which  such  candidates  are  to  be  voted 
for.  The  certificate  of  nomination  must  not  be  received  or  filed 
unless  accompanied  by  the  names  of  five  persons,  citizens  and 
electors  of  this  State,  to  compose  such  committee,  together  with 
their  written  acceptance  and  consent  to  act  as  such  committee, 
as  required  by  this  Act.  All  independent  candidates  must  file 
the  names  of  five  persons  to  act  as  an  auditing  committee,  in 
the  same  manner  and  at  the  same  time  as  required  by  all  regular 
party  nominees  or  candidates,  and  all  members  of  such  an 
auditing  committee  acting  for  an  independent  candidate  are  to 
be  governed  by  the  same  laws  and  requirements  as  the  auditing 
committee  of  all  regular  party  nominees  or  candidates.  The 
said  committee  shall  have  the  exclusive  custody  of  all  moneys 
contributed,  donated,  subscribed,  or  in  anywise  furnished  or 
raised  for  or  on  behalf  of  the  political  party,  organized  assem- 
blage or  body,  or  candidates  represented  by  said  committee,  and 
shall  disburse  the  same  on  proper  vouchers,  under  the  directions 
12 


—  178  — 

of  the  body  or  superior  authority  to  which  it  is  subject,  if  there 
be  any.  If,  for  any  cause,  a  vacancy  shall  occur  in  the  member- 
ship of  said  committee  prior  to  the  fifteenth  day  before  the  day 
of  holding  an  election,  the  vacancy  must  be  filled  by  the  same 
authority  as  vacancies  in  the  list  of  nominees  are  filled.  No 
vacancy  by  resignation  therefrom  or  refusal  to  act  upon  said 
committee  shall  occur  after  the  fifteenth  day  before  the  day  of 
holding  an  election,  or  until  the  said  committee  shall  have  com- 
pleted and  discharged  all  of  the  duties  required  of  them  by  this 
Act.  If  any  vacancy  be  created  by  death  or  legal  disability 
subsequent  to  the  fifteenth  day  before  the  da}'  of  holding  an 
election,  such  vacancy  shall  not  be  filled,  and  the  remaining 
members  shall  discharge  and  complete  the  duties  required  of 
said  committee  as  if  such  vacancy  had  not  been  created. 


CHAPTER  CLXXXVI. 

An  Act  to  amend  sections  ten  hundred  and  ninety-four,  ten  hun- 
dred and  ninety-six,  eleven  hundred  and  thirteen,  eleven  hundred 
and  fourteen,  eleven  hundred  and  fifteen,  and  eleven  hundred 
and  sixteen  of  the  Political  Code  of  the  State  of  California, 
relative  to  registration  of  voters. 

[Approved  March  27,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Section  ten  hundred  and  ninety-four  of  the  Polit- 
ical Code  is  amended  to  read  as  follows: 

1094.  A  register,  in  which  shall  be  entered  the  names  of 
the  qualified  electors  of  each  of  the  counties  in  the  State,  shall 
be  kept  at  the  office  of  the  County  Clerk  of  such  county,  and  in 
each  of  the  cities  and  counties  in  the  State  such  a  register  shall 
be  kept  in  the  office  of  the  person  charged  with  the  registra- 
tion of  voters  in  such  city  and  county.  There  shall  be  in  each 
of  the  counties,  and  cities  and  counties,  in  the  State  (where 
registration  is  now  required  by  law  to  take  place  previous  to 
each  general  election,  and  in  other  counties,  or  cities  and 
counties,  when  required  by  the  Board  of  Supervisors)  a  new 
and  complete  registration  of  the  voters  of  such  counties,  and 
cities  and  counties,  who  are  entitled  thereto,  and  who  apply  with 
the  proper  proof.  Such  registration  shall  commence  one  hun- 
dred and  sixty  days  before  a  general  election,  and  shall  continue 
for  seventy-five  days  thence  next  ensuing,  when  such  registra- 
tion shall  cease;  provided,  that  any  elector  who  has  registered 
and  thereafter  moved  his  residence  to  another  precinct  in  the 
same  county,  thirty  days  before  an  election,  may  have  his  regis- 
tration transferred  to  such  other  precinct  upon  his  application, 
verified  by  oath,  setting  forth  the  change  of  residence,  and  con- 
taining the  other  facts  required  for  original  registration.  Upon 
the  filing  of  such  affidavit  the  County  Clerk  must  write  on  the 


—  179  — 

register,  opposite  the  name  of  such  elector, "canceled  by  trans- 
fer to ,"  and  reenter  in  the  Great  Register,  with  a  change 

of  precinct  and  address,  the  registration  of  such  elector,  writing 

thereafter  the   words,   "  transferred    from ."     No  transfer 

from  one  precinct  to  another  shall  be  made  between  a  general 
election  and  a  date  twenty-seven  days  before  such  election.  In 
cities  and  counties  containing  more  than  one  hundred  and  fifty 
thousand  inhabitants  every  landlord  or  keeper  of  any  premises 
where  lodgers  abide  shall  keep  a  list  of  the  names  of  all  lodgers 
occupying  rooms  or  sleeping  apartments  or  beds  in  the  premises 
under  his  control,  commencing  such  list  on  the  one  hundred  and 
fiftieth  day  previous  to.  any  election,  and  such  list  shall  be  kept 
daily  so  as  to  be  ready  for  reference  and  inspection  by  the 
Board  of  Election  Commissioners  or  a  clerk  delegated  by  them 
for  that  purpose.  Blank  lists  shall  be  furnished  to  every  land- 
lord or  keeper  of  premises  where  lodgers  abide,  and  shall  be 
collected  daily,  by  order  of  the  Election  Commissioners;  such 
blanks  shall  be  ruled  in  columns  showing  the  name  of  the 
lodger,  the  number  of  room,  and  the  story  of  the  building,  and 
at  any  time  from  the  beginning  of  registration  to  the  day  of 
election,  shall  be  furnished  to  the  Board  of  Election  Com- 
missioners upon  their  request  therefor.  Any  landlord  or 
keeper  of  premises  where  lodgers  abide,  neglecting  or  refusing 
to  comply  with  the  provisions  of  this  Act,  shall  be  deemed 
to  be  guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall 
be  fined  the  sum  of  fifty  dollars;  and  in  the  event  of  non- 
payment of  such  fine  shall  be  committed  to  the  county  jail 
for  a  term  of  days,  at  the  rate  of  one  dollar  per  day  for  each 
dollar  of  said  fine.  Any  voter  registered  in  premises  in  which 
the  landlord  or  keeper  neglects  or  refuses  to  comply  with 
this  Act  shall  be  cited  to  appear  before  the  Election  Com- 
missioners within  five  (5)  days  in  order  to  verify  his  right 
to  vote.  It  shall  be  considered  as  a  proper  citation  to  such 
voter  if  the  citation  is  addressed  to  the  name  of  party  regis- 
tered, the  number  of  room  and  place  of  registration;  and  if  the 
party  cited  does  not  appear  in  answer  to  the  citation  at  the 
time  appointed,  his  name  shall  be  stricken  from  the  register  of 
voters.  The  landlord  or  keeper  of  premises  from  which  the 
voter  is  registered  shall  also  be  cited  to  appear  at  the  same 
time  and  place  at  which  the  citation  of  his  alleged  lodger  is 
returnable. 

'  Sec.  2.     Section  ten  hundred  and  ninety-six  of  the  Political 
Code  is  hereby  amended  to  read  as  follows: 
1096.     Such  entry  must  show: 

1.  The  name  at  length. 

2.  Business  or  occupation. 

3.  The  age,  omitting  fractions  of  years. 

4.  The  height. 

5.  The  complexion. 

6.  The  color  of  eyes. 

7.  The  color  of  hair. 

8.  The  visible  marks  or  scars,  if  any,  and  their  locality. 

9.  The  country  of  nativity. 


—  180  — 

10.  The  place  of  residence  (giving  ward  and  precinct);  and 
in  cities,  and  cities  and  counties  of  over  ten  thousand  inhab- 
itants, by  specifying  the  name  of  the  street,  avenue,  or  other 
location  of  and  dwelling  of  such  elector,  with  the  number  of 
such  dwelling,  if  the  same  has  a  number,  and  if  not,  then  with 
such  description  of  the  place  that  it  can  be  readily  ascertained 
and  identified.  If  the  elector  be  not  the  proprietor  or  head  of 
the  house,  then  it  must  show  that  fact,  and  upon  what  floor 
thereof  and  what  room  such  elector  occupies  in  such  house. 

11.  If  naturalized,  the  time  and  place  of  naturalization. 

12.  The  date  of  the  entry  of  each  person;  each  name  must 
be  numbered  in  the  order  of  its  entry. 

13.  The  post  office  address  at  date  of  entry  of  each  person. 

14.  The  fact  whether  or  not  the  elector  desiring  to  be  regis- 
tered is  able  to  read  true  Constitution  in  the  English  language 
and  to  write  his  name,  and  whether  or  not  the  elector  has  any 
physical  disability,  by  reason  of  which  he  cannot  mark  his 
ballot;  and  if  he  cannot  mark  his  ballot  by  reason  of  physical 
disability,  then  the  nature  of  such  disability  must  be  entered, 
and  the  fact  that  by  reason  thereof  he  cannot  mark  his  ballot. 

Sec.  3.  Section  eleven  hundred  and  thirteen  of  the  Political 
Code  of  the  State  of  California  is  hereby  amended  to  read  as 
follows: 

1113.  The  County  Clerk,  or  the  person  charged  with  the 
registration  of  voters  in  any  county  or  city  and  county,  must 
arrange  all  registration  affidavits  in  precinct  packages  as  fast 
as  received.  At  the  close  of  registration  in  counties  where  a 
new  registration  has  been  ordered,  the  County  Clerk,  or  person 
charged  with  the  registration  of  voters  in  any  city,  or  county, 
or  city  and  county  must  arrange  alphabetically,  according  to 
surnames,  the  previously  separated  packages  of  all  the  registra- 
tion affidavits  of  his  county,  or  city,  or  city  and  county,  and 
enter  the  substance  thereof,  so  arranged,  in  separate  precinct 
books;  such  entries  to  be  completed  at  least  seventy- two  (72) 
days  before  a  general  election.  Such  precinct  books  shall  at 
all  times  be  open  to  public  inspection. 

Sec.  4.  Section  eleven  hundred  and  fourteen  of  the  Political 
Code  of  the  State  of  California  is  hereby  amended  to  read  as 
follows: 

1114.  In  counties  in  which  a  new  registration  shall  not 
have  been  ordered  in  any  even-numbered  year,  the  County 
Clerk,  or  person  charged  with  the  registration  of  voters  in  any 
county,  or  city  and  county,  shall  keep  a  book,  to  be  known  as 
the  supplemental  register,  in  which  shall  be  entered,  under  the 
appropriate  precinct  heading,  all  changes  made  since  the  last 
printed  register,  including,  under  the  head  "Additions,"  all  new 
registrations  and  all  transfers  to  a  precinct  from  another  pre- 
cinct; and  under  the  head  "Cancellations,"  all  names  stricken 
from  the  register  by  reason  of  death,  removal  from  the  county, 
removal  from  the  precinct  of  original  registration,  adjudication 
that  the  elector  is  insane  or  legally  incapable,  or  has  been  con- 
victed of  an  infamous  crime  or  embezzlement  or  misappropria- 
tion of  public  money,  or  by  reason  of  a  judgment  directing 
cancellation,  or  at  the  request  of  the  party  registered. 


—  181  — 

Sec.  5.  Section  eleven  hundred  and  fifteen  of  the  Political 
Code  of  the  State  of  California  is  hereby  amended  to  read  as 
follows: 

1115.  Twenty-six  days  before  a  general  election,  in  coun- 
ties where  a  new  registration  shall  have  been  ordered,  the 
County  Clerk,  or  person  charged  with  the  registration  of  voters, 
shall  furnish  to  the  printer  with  whom  a  contract  for  the  print- 
ing of  the  register  shall  have  been  made,  the  precinct  books 
provided  for  in  section  eleven  hundred  and  thirteen  of  the 
Political  Code.  Such  precinct  book  shall,  at  the  time  of  delivery 
to  the  printer,  show  all  transfers  and  have  stricken  therefrom 
all  cancellations  since  the  close  of  registration.  The  registers 
must  be  printed  and  delivered,  together  with  the  precinct  books 
used  as  copy,  at  least  ten  days  before  the  election.  Such  regis- 
ters shall  be  printed  in  the  form  prescribed  by  the  Board  of 
Supervisors  or  Election  Commissioners,  either  in  separate  pre- 
cinct books  or  in  books  containing  all  the  precincts,  in  which 
last  case  the  precincts  in  such  books  shall  be  alphabetically  and 
numerically  arranged,  and  the  names  placed  therein  alphabet- 
ically under  their  appropriate  precinct  headings.  In  counties 
where  a  new  registration  shall  not  have  been  had  in  any  even- 
numbered  year,  there  shall  be  printed,  within  the  time  pre- 
scribed in  this  section  for  printing  the  registers,  a  supplemental 
register,  containing  all  additions,  changes,  and  cancellations, 
alphabetically  arranged  under  their  appropriate  precinct  head- 
ings, since  the  last  printed  register,  as  shown  by  the  supple- 
mental register  provided  for  in  section  eleven  hundred  and 
fourteen  of  the  Political  Code.  There  shall  be  but  one  edition  of 
a  supplemental  register  used  in  connection  with  the  printed 
register  at  any  general  election,  and  such  edition  shall  show 
all  additions,  changes,  and  cancellations  made  since  the  last 
printed  register,  although  a  part  of  such  additions,  changes, 
and  cancellations  may  have  appeared  in  a  former  printed  sup- 
plemental register.  The  County  Clerk,  or  person  charged  with 
the  registration  of  voters,  must  have  printed  a  sufficient  num- 
ber of  copies  of  registers  and  supplemental  registers  to  supply 
each  election  precinct  in  the  county  with  not  less  than  ten 
copies  thereof,  and  fifty  additional  for  every  one  thousand  votes 
cast  in  the  county  at  the  next  preceding  general  election;  but 
the  Board  of  Supervisors  or  Election  Commissioners  may  order 
printed  a  larger  edition,  if  in  their  judgment  a  larger  edition  is 
required  for  subsequent  elections  or  for  any  other  reason. 

Sec.  6.  Section  eleven  hundred  and  sixteen  of  the  Political 
Code  of  the  State  of  California  is  hereby  amended  to  read  as 
follows: 

1116.  The  County  Glerk,  or  person  charged  with  the 
registration  of  voters,  must,  as  soon  as  such  copies  of  the  Great 
Registers,  precinct  registers,  or  supplemental  registers  are 
printed: 

1.  Post  one  copy  in  some  public  place  in  the  court-house. 

2.  Deliver,  upon  demand,  one  copy  to  each  county  and  town- 
ship officer  in  the  county. 

3.  Transmit  and  cause  to  be  delivered  not  less  than  ten  copies 
to  each  Board  of  Election  in  the  county. 


—  182  — 

4.  Preserve  five  copies  in  the  office  for  the  inspection  of  the 
public. 

5.  Transmit  to  the  State  Library,  Mercantile  Library, 
Mechanics'  Institute,  and  Odd  Fellows'  Library,  of  San  Fran- 
cisco, one  copy  each. 

6.  Deliver  one  copy  to  each  elector  of  the  county  or  respective 
precinct  applying  therefor,  until  the  remainder  of  the  edition 
printed  is  exhausted. 

Provided,  that  nothing  in  this  section,  except  the  first,  third, 
and  fourth  subdivisions  thereof,  shall  apply  to  counties  other 
than  of  the  first  class. 


CHAPTER  CLXXXVIIL 

An  Act  to  amend  sections  five  hundred  and  thirty-one  and  five 
hundred  and  thirty-two  of  the  Political  Code,  and  section  ninety- 
nine  of  the  Penal  Code  of  the  State  of  California,  relative  to 
the  duties  and  qualifications  of  the  Superintendent  of  State 
Printing  of  said  State. 

[Approved  March  27,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Section  five  hundred  and  thirty-one  of  the  Polit- 
ical Code  of  the  State  of  California  is  hereby  amended  so  as  to 
read  as  follows: 

531.  The  duties  of  the  Superintendent  of  State  Printing 
shall  be  as  follows:  He  shall  have  the  entire  charge  and  super- 
intendence of  the  State  printing  and  binding.  He  shall  take 
charge  of  and  be  responsible  on  his  bond  for  all  manuscripts 
and  other  matter  which  may  be  placed  in  his  hands  to  be 
printed,  bound,  engraved,  or  lithographed,  and  shall  cause  the 
same  to  be  promptly  executed.  He  shall  receive  from  the 
Senate  or  Assembly  all  matter  ordered  by  either  house  to  be 
printed  and  bound,  or  either  printed  or  bound,  and  shall  keep 
a  record  of  the  same,  and  of  the  order  in  which  it  may  be 
received;  and  when  the  work  shall  have  been  executed,  he 
shall  deliver  the  finished  sheets  or  volumes  to  the  Sergeant- 
at-Arms  of  the  Senate  or  Assembly,  or  of  any  department 
authorized  to  receive  them,  whose  receipt  therefor  shall  be  a 
sufficient  voucher  to  the  said  Superintendent  of  State  Print- 
ing for  their  delivery.  He  shall  receive  and  promptly  exe- 
cute all  orders  for  printing  or  binding  required  to  be  done 
for  the  various  State  officers;  provided,  that  the  said  Superin- 
tendent of  State  Printing  shall  have  discretionary  authority 
to  revise,  reduce,  or  decline  to  execute  any  order,  or  part 
of  any  order,  which  in  his  judgment  is  unnecessary  or  unwar- 
ranted by  law,  and  which  will  tend  to  unnecessarily  consume 
the  appropriation  for  support  of  the  State  Printing  Office;  and 
provided  further,  that  in  the  event  that  any  State  officer,  board, 
commission,  or  State  institution  shall  consider  the  decision  of 


—  183  — 

the  said  Superintendent  of  State  Printing  unfair,  he  may  refer 
the  matter  to  the  State  Board  of  Examiners,  which  Board  shall 
determine  the  matter.  He  shall  employ  such  compositors, 
pressmen,  and  assistants  as  the  exigency  of  the  work  from 
time  to  time  requires,  and  may  at  any  time  discharge  such 
employes;  provided,  that  at  no  time  shall  he  pay  said  com- 
positors, pressmen,  or  assistants  a  higher  rate  of  wages  than  is 
paid  by  those  employing  printers  in  Sacramento  for  like  work. 
He  shall  at  no  time  employ  more  compositors  or  assistants  than 
the  absolute  necessities  of  the  State  printing  may  demand,  and 
he  shall  not  permit  any  other  than  State  work  to  be  done  in 
the  State  Printing  Office.  The  Superintendent  of  State  Print- 
ing shall,  on  or  before  the  fifteenth  day  of  September  of  each 
year,  make  a  report,  in  writing,  to  the  Governor,  embracing  a 
record  of  the  complete  transactions  of  his  office  for  the  preced- 
ing fiscal  year,  which  report  shall  show  in  detail  all  the  items 
of  expense  attending  the  State  printing  and  all  the  expenses  of 
the  office,  including  repairs  and  the  purchase  of  materials  of  all 
kinds.  Said  report  shall  also  state  the  number  of  reams  and 
various  kinds  of  paper  delivered  to  him,  and  the  amount  and 
quality  remaining  on  hand,  which  report  shall  be  printed, 
biennially,  for  the  use  of  the  Legislature. 

Sec.  2.  Section  five  hundred  and  thirty-two  of  the  Polit- 
ical Code  of  the  State  of  California  is  hereby  amended  so  as 
to  read  as  follows: 

532.  In  April,  eighteen  hundred  and  ninety-six,  and  in 
April  of  every  year  thereafter,  the  Superintendent  of  State 
Printing  shall  submit  to  the  State  Board  of  Examiners  samples 
of  the  various  kinds,  sizes,  and  qualities  of  paper  that  will 
probably  be  required  in  his  office  during  the  year  commencing 
on  the  then  next  first  Monday  in  July,  an  estimate  of  the  prob- 
able quantity  of  each  kind,  size,  and  quality  that  will  be  so 
required.  Upon  being  satisfied  that  the  kinds,  sizes,  quantities, 
and  qualities  of  paper  so  suggested  will  be  required,  they  shall 
direct  the  Superintendent  of  State  Printing  to  advertise  for 
thirty  days,  in  two  daily  newspapers,  one  of  which  shall  be  pub- 
lished in  the  city  of  San  Francisco,  and  one  in  the  city  of  Sac- 
ramento, for  "proposals  to  furnish  such  paper,  or  so  much  thereof 
as  may  be  required  during  the  year  commencing  as  aforesaid, 
which  bids  shall  be  opened  in  his  office,  at  twelve  o'clock  m.  on 
the  day  appointed,  in  the  presence  of  the  said  Superintendent, 
and  at  least  two  of  the  State  Board  of  Examiners;  and  the  said 
Superintendent  of  State  Printing,  and  the  members  of  the  State 
Board  of  Examiners  then  and  there  present,  shall  constitute  a 
Board  to  award  the  contract  to  the  lowest  and  best  responsible 
bidder.  No  bid  shall  be  considered  unless  accompanied  by  a 
certified  check,  in  the  sum  of  two  thousand  dollars,  gold  coin, 
payable  to  the  Governor  for  the  use  of  the  people  of  the  State 
of  California,  conditioned  that  if  the  bidder  receives  the  award 
of  the  contract  he  will,  within  thirty  days,  enter  into  bonds  in 
the  sum  of  ten  thousand  dollars,  with  two  or  more  sureties, 
to  be  approved  by  the  Governor  of  the  State,  that  he  will  faith- ' 
fully  perform  the  conditions  of  his  contract.     All  bids  must  be 


—  184  — 

for  the  furnishing  and  delivery  of  the  paper  and  materials  at 
the  State  Printing  Office,  in  the  city  of  Sacramento,  so  that  the 
State  shall  not  be  charged  with  any  cost  of  transportation  or 
delivery,  which  must  be  specified  in  the  advertisement  for  bids. 
If  all  the  bids  opened  shall  be  deemed  too  high  by  said  Board, 
they  may  decline  them  and  advertise  again.  If  the  second  set 
of  bids  are  considered  too  high,  the  said  Board  may  again 
decline  them,  and  the  Superintendent  of  State  Printing  may 
purchase  such  paper  in  the  open  market.  The  prices  paid  shall 
in  no  case  be  higher  than  the  lowest  price  at  which  such  paper 
was  offered  to  be  furnished  by  the  bids  so  rejected. 

Sec.  3.  Section  ninety-nine  of  the  Penal  Code  of  the  State 
of  California  is  hereby  amended  so  as  to  read  as  follows: 

99.  The  Superintendent  of  State  Printing  shall  not,  during 
his  continuance  in  office,  have  any  interest,  either  directly  or 
indirectly,  in  any  contract  in  any  way  connected  with  his  office 
as  Superintendent  of  State  Printing;  nor  shall  he,  during  said 
period,  be  interested,  either  directly  or  indirectly,  in  any 
State  printing,  binding,  engraving,  lithographing,  or  other 
State  work  of  any  kind  connected  with  his  said  office;  nor  shall 
he,  directly  or  indirectly,  be  interested  in  any  contract  for  fur- 
nishing paper,  or  other  printing  stock  or  material,  to  or  for 
use  in  his  said  office;  and  any  violations  of  these  provisions 
shall  subject  him,  on  conviction  before  a  Court  of  competent 
jurisdiction,  to  imprisonment  in  the  State  Prison  for  a  term  of 
not  less  than  two  years  nor  more  than  five  years,  and  to  a  fine 
of  not  less  than  one  thousand  dollars  nor  more  than  three 
thousand  dollars,  or  by  both  such  fine  and  imprisonment. 

Sec  4.  All  Acts  and  parts  of  Acts  in  conflict  herewith  are 
hereby  repealed;  and  this  Act  shall  take  effect  immediately. 


CHAPTER  CXCI. 

An  Act  to  amend  section  three  of  "An  Act  to  regulate  contracts  on 
behalf  of  the  State,  in  relation  to  erections  and  buildings" 
approved  March  23,  1876,  and  an  Act  amendatory  thereof, 
approved  March  SI,  1891. 

[Approved  March  27,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Section  three  of  "An  Act  to  regulate  contracts 
on  behalf  of  the  State,  in  relation  to  erections  and  buildings," 
approved  March  twenty-third,  eighteen  hundred  and  seventy- 
six,  is  hereby  amended  to  read  as  follows: 

Section  3.  That  after  such  plans,  descriptions,  bills  of 
materials,  and  specifications  and  estimates  as  are  in  this  Act 
required  are  made  and  approved,  in  accordance  with  the  require- 
ments of  this  Act,  it  shall  be  and  is  hereby  made  the  duty  of 
such  Commissioners,  Directors,  Trustees,  or  other  officer  or  offi- 


—  185  — 

cers  to  whom  the  duty  of  devising  and  superintending  the  erec- 
tion, addition  to,  alteration,  or  improvement  of  such  institution, 
asylum,  or  other  improvement  as  in  this  Act  provided,  to  give 
or  cause  to  be  given  public  notice  of  the  time  and  place  when 
and  where  sealed  proposals  will  be  received  for  performing  the 
labor  and  furnishing  the  materials  necessary  to  the  erection  of 
such  institution,  asylum,  or  other  improvement,  or  for  the  add- 
ing to,  altering,  or  improvement  thereof,  and  a  contract  or  con- 
tracts based  on  such  sealed  proposals  will  be  made,  which  notice 
shall  be  published  weekly  for  four  consecutive  weeks  next  preced- 
ing the  day  named  for  the  making  of  such  contract  or  contracts, 
in  the  paper  having  the  largest  circulation  in  the  county  where 
the  work  is  to  be  let,  and  in  three  daily  papers  having  the  largest 
circulation  and  published  one  in  each  of  the  cities  of  Los  Angeles, 
Sacramento,  and  San  Francisco,  and  shall  state  when  and 
where  such  plan  or  plans,  descriptions,  bills,  and  specifica- 
tions can  be  seen,  and  which  shall  be  open  to  public  inspection 
at  all  business  hours  between  the  date  of  such  notice  and  the 
making  of  such  contract  or  contracts.  The  aforesaid  notice 
must  state  that  separate  bids  will  be  received  and  separate 
contracts  let  for  the  performance  of  each  of  the  following 
parts  of  said  erection,  addition,  alteration,  or  improvement, 
including  the  furnishing  of  materials  and  labor  necessary 
therefor,  viz.:  first,  for  the  masonry  work,  including  all 
brick,  stone,  terra  cotta,  and  concrete  work,  and  all  necessary 
excavations  and  filling;  second,  for  the  iron  work;  third,  for 
the  carpenter,  plastering,  electric,  and  glazing  work;  fourth, 
for  the  plumbing  and  gasfitting  work;  fifth,  for  the  heating 
work;  sixth,  for  the  tinning,  galvanized  iron,  and  slating  work; 
and  seventh,  for  the  painting  and  graining  work;  and  there 
shall  be  in  all  such  cases  as  many  separate  contracts  let  there- 
for as  there  are  different  kinds  of  work,  according  to  the  fore- 
going classification,  whether  the  same  be  let  by  the  State  Board 
of  Harbor  Commissioners  or  any  other  of  the  aforesaid  Com- 
missioners, Directors,  Trustees,  or  other  officer  or  officers. 

Sec.  2.     This  Act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 


CHAPTER  CXCVII. 

An  Act  amending  the  Civil  Code  of  the   State  of  California, 

adding  thereto  two  new  sections,  to  be  numbered  four  hundred 

and  ninety-two  and  four  hundred  and  ninety-three,  concerning 

franchises  for  the  construction  of  elevated  and  underground 

railroad  tracks. 

[Approved  March  27,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  folhws: 

Section  1.  A  new  section  is  hereby  added  to  the  Civil  Code 
of  the  State  of  California,  numbered  section  four  hundred  and 
ninety -two,  as  follows: 


—  186  — 

492.  The  legislative  or  other  body  to  whom  is  intrusted 
the  government  of  the  county,  city  and  county,  city,  or  town, 
under  such  regulations,  restrictions,  and  limitations,  and  upon 
such  terms  and  payment  of  license  tax  as  the  county,  city  and 
county,  city,  or  town  authority  may  provide,  may  grant  fran- 
chises for  the  construction  of  elevated  or  underground  railroad 
tracks  over,  across,  or  under  the  streets  and  public  highways  of 
any  such  county,  city  and  county,  city,  or  town,  for  the  term 
not  exceeding  fifty  years;  provided,  that  before  granting  such 
franchise  there  shall  be  presented  to  such  legislative  or  other 
body  a  petition  signed  by  the  owners  of  a  majority  of  the  landed 
property,  other  than  public  property,  on  the  line  of  said  elevated 
portion  applied  for. 

Sec.  2.  A  new  section  is  hereby  added  to  the  Civil  Code  of 
the  State  of  California,  numbered  section  four  hundred  and 
ninety-three,  as  follows: 

493.  This  Act  shall  apply  to  all  railroad  companies  here- 
tofore and  hereafter  incorporated. 

Sec.  3.     This  Act  shall  take  effect  immediately. 


CHAPTER  CXCVIII. 

An  Act  conferring  power  upon  the  Common  Council,  Board  of 
Supervisors,  or  other  governing  body  of  cities,  or  cities  and 
counties,  of  over  one  hundred  thousand  inhabitants,  to  acquire 
or  condemn  land  for  a  suitable  site,  and  erect  thereon  a  suitable 
building  or  buildings  for  municipal  purposes. 

[Approved  March  27,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Power  and  authority  is  hereby  conferred  upon 
the  Common  Council,  Board  of  Supervisors,  or  other  govern- 
ing body  of  every  city,  or  city  and  county,  in  this  State  hav- 
ing a  population  of  over  one  hundred  thousand  inhabitants, 
to  provide  for  the  erection  and  construction  in  such  city,  or 
city  and  county,  and  at  the  expense  of  the  same,  such  addi- 
tional or  other  municipal  building  or  buildings  as  the  Common 
Council,  Board  of  Supervisors,  or  other  governing  body  of  such 
city,  or  city  and  county,  may  determine  upon  for  the  accom- 
modation of  the  criminal  department  of  the  Superior  Court, 
Police  Courts,  police  stations,  prisons,  morgues,  or  Coroner's 
offices  of  such  city,  or  city  and  county,  and  for  such  other 
municipal  uses  as  may  be  deemed  necessary. 

Sec.  2.  In  the  event  that  the  Common  Council,  Board  of 
Supervisors,  or  other  governing  body  of  such  city,  or  city  and 
county,  shall  deem  it  expedient,  and  in  their  judgment  that 
the  public  good  requires  the  construction  of  such  building  or 
buildings,  for  the  construction  of  which  power  is  conferred  upon 
them  by  section  one  of  this  Act,  in  the  manner  and  mode  pre- 


—  187  — 

scribed  by  this  Act,  they  are  hereby  authorized  and  empowered 
to  express  such  judgment  by  resolution  or  order,  in  such 
manner  as  they  may  deem  proper.  And  for  the  purpose  of 
raising  the  money  necessary  to  complete  said  building  or  build- 
ings, the  said  Common  Council,  Board  of  Supervisors,  or  other 
governing  body  of  such  city,  or  city  and  county,  is  hereby 
authorized  and  empowered  to  levy  and  collect,  in  the  same 
manner  and  at  the  same  time  as  other  taxes  are  levied  and 
collected  in  such  city,  or  city  and  county,  for  municipal  pur- 
poses, an  ad  valorem  property  tax  on  real  and  personal  prop- 
erty, which  shall  not  in  the  aggregate  exceed  the  sum  of  three 
hundred  thousand  dollars,  which  sum  shall  cover  all  the  expense 
of  the  said  building  or  buildings. 

Sec.  3.  As  a  site  for  the  erection  and  construction  of  said 
building  or  buildings,  power  is  hereby  conferred  upon  the  Com- 
mon Council,  Board  of  Supervisors,  or  other  governing  body  of 
such  city,  or  city  and  county,  to  acquire  by  purchase,  or  to  con- 
demn and  acquire  under  the  laws  of  eminent  domain,  such  land 
as  may  be  necessary  therefor. 

Sec.  4.  The  money  arising  from  the  tax  hereby  authorized 
to  be  levied  and  collected  shall  be  kept  by  the  City,  City  and 
County  Treasury  of  such  city,  or  city  and  county,  in  a  fund  to 
be  known  as  the  "  Public  Building  Fund,"  and  out  of  which 
said  fund  all  claims  for  work,  labor,  and  materials  used  in  the 
construction  of  said  building,  and  all  other  expenses  authorized 
to  be  incurred  under  the  provisions  of  this  Act,  shall  be  paid. 
All  claims  against  the  said  fund  shall  be  allowed  by  the  Com- 
mon Council,  Board  of  Supervisors,  or  other  governing  body  of 
such  city,  or  city  and  county,  by  resolution  entered  upon  the 
minutes  in  the  same  manner  and  form  as  other  expenditures 
are  authorized,  before  the  Auditor  shall  be  authorized  to  audit 
the  same;  and  in  no  case  shall  any  portion  of  said  fund  be  used 
or  expended  for  any  other  purpose  than  those  herein  indicated, 
nor  shall  any  part  of  the  cost  of  the  construction  of  said  build- 
ing be  paid  out  of  any  other  or  different  fund;  nor  shall  any 
lien  for  work,  labor,  or  material  at  any  time  attach  to  the  said 
building  or  buildings,  nor  the  land  upon  which  the  same  is 
located,  in  any  manner  whatever. 

Sec  5.  When  work  is  to  be  done  upon  said  building  or 
buildings,  or  materials  to  be  furnished,  it  shall  be  the  duty  of 
the  Common  Council,  Board  of  Supervisors,  or  other  governing 
body  of  such  city,  or  city  and  county,  to  advertise  for  at  least 
ten  days  in  a  daily  newspaper  published  and  circulated  in  such 
city,  or  city  and  county,  for  sealed  proposals  for  doing  both 
said  work  and  furnishing  said  material.  The  said  work  and 
material  shall  be  of  the  best  quality.  The  advertisement  shall 
contain  a  general  description  of  the  work  to  be  done  and 
the  materials  to  be  furnished,  the  time  within  which  the  same 
is  to  be  done  or  furnished,  and  may  refer  to  plans  and  specifi- 
cations for  such  other  details  as  may  be  necessary  to  give  a 
correct  understanding  regarding  the  work  or  materials.  The 
advertisement  shall  also  state  the  day  and  an  hour  of  said  day 
within    which  bids   will  be   received.     At  the   hour  and  day 


—  188  — 

stated  in  the  advertisement,  the  said  Board  or  body  shall  pro- 
ceed to  open  the  bids  in  the  presence  of  the  bidders,  and  an 
abstract  of  each  shall  be  recorded  in  the  minutes  by  the  Clerk. 
A  day  and  hour  shall  then  be  fixed  for  considering  the  bids 
and  awarding  the  contract.  An  abstract  of  said  bids,  showing 
the  name  of  each  bidder,  the  price  at  which  work,  labor,  and 
materials  are  offered  to  be  done  or  furnished  by  each,  and  such 
other  things  as  may  be  necessary  to  show  or  explain  the  offer, 
shall  be  made  by  the  Clerk  and  published  for  five  days  in  a 
daily  newspaper  of  general  circulation  published  in  such 
city,  or  city  and  county.  At  the  expiration  of  five  days 
after  the  first  publication  of  the  abstract,  on  the  day  and  at 
the  hour  fixed  by  said  Board  or  body,  the  said  Board  or 
body  shall  proceed  to  consider  the  several  bids  and  award 
the  contract  for  doing  the  work  and  supplying  the  material  for 
which  proposals  are  invited,  and  for  none  other,  to  the  lowest 
bidder  who  shall  furnish  sufficient  sureties  to  guarantee  the 
performance  of  the  contract;  provided,  the  advertisement  here- 
inbefore provided  for  shall  invite  proposals  and  bids  for  the 
performance  of  all  the  work  and  the  furnishing  of  all  the 
materials  which  may  be  required  for  the  erection  and  comple- 
tion of  the  entire  building  or  buildings;  and  the  contract  herein 
provided  for  shall  cover  the  erection  and  completion  of  the 
entire  building  or  buildings,  and  the  whole  thereof  shall  be 
erected  and  completed  and  made  ready  for  occupancy  under 
and  by  a  single  contract.  Said  Board  or  body  shall  have 
the  right  to  reject  any  or  all  bids  when  in  their  judgment  the 
public  interests  may  be  thereby  promoted.  Such  contract 
shall  be  executed  on  behalf  of  such  city,  or  city  and  county, 
by  the  Mayor,  or  President  of  the  Common  Council,  Board 
of  Supervisors,  or  other  governing  body  of  such  city,  or 
city  and  county.  No  change  in  the  plans  or  specifications 
shall  be  made  after  proposals  for  doing  work  and  furnishing 
materials  have  been  called  for;  nor  shall  any  contractor  be 
allowed  a  claim  for  work  done  or  materials  furnished  not 
embraced  in  his  contract.  All  contracts  shall  be  in  writing, 
and  shall  be  carefully  drawn  by  the  City  Attorney,  City  and 
County  Attorney,  or  other  law  officer  of  such  city,  or  city  and 
county,  and  shall  contain  detailed  specifications  of  the  work  to 
be  done,  the  manner  in  which  the  same  shall  be  executed,  the 
quality  of  the  material,  and  the  time  within  which  the  same 
shall  be  completed;  and  such  penalty  for  the  non-performance 
of  such  contract  as  said  Board  or  body  may  deem  just  and  rea- 
sonable. All  contracts'  shall  be  signed  in  triplicate — one  copy 
of  which,  with  the  plans  and  specifications  of  the  work  to  be 
done,  shall  be  filed  with  the  Clerk  or  Secretary  of  said  Board 
or  body,  and  shall  at  all  times,  in  office  hours,  be  open  to  the 
inspection  of  the  public;  one,  with  the  plans  and  specifications, 
shall  be  kept  in  the  office  of  said  Board  or  body,  and  the  other 
copy,  with  plans  and  specifications,  shall  be  delivered  to  the 
contractor. 

Sec.  6.     The  Common  Council,  Board  of  Supervisors,  or  other 
governing  body  of  such   city,  or  city  and  county,  may  make 


—  189  — 

payments  on  such  contract  from  time  to  time,  as  work  pro- 
gresses or  materials  are  furnished;  but  until  the  contract  is 
completed,  at  no  time  shall  the  payments  exceed  seventy-five 
per  centum  of  the  value  of  the  labor  or  materials  furnished. 

Sec.  7.  The  plans  and  specifications  herein  referred  to  shall 
be  secured  by  said  Board  or  body  after  the  publication  for  ten 
days  in  a  daily  newspaper  of  general  circulation  in  such  city, 
or  city  and  county,  of  a  resolution  inviting  the  submission  of 
competitive  plans  and  specifications  for  said  building  or  build- 
ings. Said  resolution  shall  contain  a  general  statement  of  the 
purposes  for  which  said  building  or  buildings  are  to  be  used, 
the  cost  thereof,  and  the  character  of  the  design  required.  Said 
plans  and  specifications  may  be  submitted  to  such  Board  or 
body  under  such  requirements  and  conditions,  and  at  such  time 
as  said  Board  or  body  may  prescribe. 

Sec.  8.  This  Act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 


CHAPTER  CXCIX. 

An  Act  to  amend  sections,  eighteen  hundred  and  eighty,  eighteen 
hundred  and  eighty-four,  and  eighteen  hundred  and  eighty-six 
of  the  Political  Code  of  the  State  of  California,  relating  to 
public  schools. 

[Approved  March  27,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Section  one  thousand  eight  hundred  and  eighty 
of  the  Political  Code  is  hereby  amended  to  read  as  follows: 

1880.  The  Board  of  Trustees,  Board  of  Education,  er  other 
governing  body  of  any  school  district  may,  when  in  their  judg- 
ment it  is  advisable,  and  must  upon  a  petition  of  a  majority 
of  the  heads  of  families  residing  in  the  district,  call  an  election 
and  submit  to  the  electors  of  the  district  whether  the  bonds  of 
such  district  shall  be  issued  and  sold  for  the  purpose  of  raising 
money  for  purchasing  school  lots,  for  building  or  purchasing 
one  or  more  school  houses,  for  insuring  the  same,  for  supplying 
the  same  with  furniture  and  necessary  apparatus,  for  improving 
the  grounds,  or  for  any  or  all  of  said  purposes,  and  for  liquidat- 
ing any  indebtedness  already  incurred  for  said  purposes. 

Sec.  2.  Section  one  thousand  eight  hundred  and  eighty-four 
of  the  Political  Code  is  hereby  amended  to  read  as  follows: 

1884.  On  the  seventh  day  after  said  election,  at  one  o'clock 
p.  m.,  the  returns  having  been  made  to  the  Board  of  Trustees, 
Board  of  Education,  or  other  governing  body  of  such  school 
district,  the  Board  must  meet  and  canvass  said  returns,  and  if 
it  appears  that  two  thirds  of  the  votes  cast  at  said  election  was 
in  favor  of  issuing  such  bonds,  then  the  Board  shall  cause  an 
entry  of  that  fact  to  be  made  upon  its  minutes,  and  shall  certify 
to  the  Board  of  Supervisors  of  the  county  all  the  proceedings 
had  in  the  premises,  and  thereupon  said  Board  of  Supervisors 


—  190  — 

shall  be  and  they  are  hereby  authorized  and  directed  to  issue 
the  bonds  of  such  district,  to  the  number  and  amount  provided 
in  such  proceedings,  payable  out  of  the  Building  Fund  of  such 
district,  naming  the  same,  and  that  the  money  shall  be  raised 
by  taxation  upon  the  taxable  property  in  said  district,  for  the 
redemption  of  said  bonds  and  the  payment  of  the  interest 
thereon;  provided,  that  the  total  amount  of  bonds  so  issued 
shall  not  exceed  five  per  cent  of  the  taxable  property  of  the 
district,  as  shown  by  the  last  equalized  assessment  book  of  the 
county. 

Sec.  3.  Section  one  thousand  eight  hundred  and  eighty-six 
of  the  Political  Code  is  hereby  amended  to  read  as  follows: 

1886.  Said  bonds  must  not  bear  a  greater  amount  of 
interest  than  eight  per  cent,  said  interest  to  be  payable  annually 
or  semi-annually;  and  said  bonds  must  be  sold  in  the  manner 
prescribed  by  the  Board  of  Supervisors,  but  for  not  less  than 
par,  and  the  proceeds  of  the  sale  thereof  must  be  deposited  in 
the  County  Treasury  to  the  credit  of  the  Building  Fund  of  said 
school  district,  and  be  drawn  out  for  the  purposes  aforesaid  as 
other  school  moneys  are  drawn  out.  All  the  proceedings  of 
every  school  district  and  of  every  Board  of  Trustees,  Board  of 
Education,  Board  of  Supervisors,  and  of  all  officers  of  school 
districts  and  counties,  purporting  to  have  been  taken  under  or 
by  authority  of  sections  one  thousand  eight  hundred  and  eighty 
to  one  thousand  eight  hundred  and  eighty-eight,  inclusive,  of 
the  Political  Code,  shall  be  valid  in  the  same  manner  and  to 
the  same  extent  as  if  sections  one  thousand  eight  hundred  and 
eighty  and  one  thousand  eight  hundred  and  eighty-four  of 
said  Code,  at  the  time  when  such  proceedings  were  taken,  in 
express  language  empowered  the  governing  body  of  all  school 
districts,  by  whatever  name  such  governing  body  should  be 
known,  to  call  elections  for  the  purposes  set  forth  in  said  sec- 
tion one  thousand  eight  hundred  and  eighty,  and  to  receive  and 
canvass  returns,  to  cause  a  minute  entry  of  the  result  of  elec- 
tions, and  to  certify  proceedings  to  the  Board  of  Supervisors,  as 
provided  by  said  section  one  thousand  eight  hundred  and  eighty- 
four.  And  all  bonds  of  school  districts  purporting  to  have  been 
issued  under  or  by  virtue  of  any  or  all  of  the  following  sections. 
to  wit:  sections  one  thousand  eight  hundred  and  eighty,  one 
thousand .  eight  hundred  and  eighty-one,  one  thousand  eight 
hundred  and  eighty-two,  one  thousand  eight  hundred  and 
eighty-three,  one  thousand  eight  hundred  and  eighty-four,  one 
thousand  eight  hundred  and  eighty-five,  one  thousand  eight  hun- 
dred and  eighty-six,  one  thousand  eight  hundred  and  eighty- 
seven,  and  one  thousand  eight  hundred  and  eighty-eight,  of  the 
Political  Code,  shall  be  valid  in  the  same  manner  and  to  the 
same  extent  as  if  said  sections  used  the  words  "  Board  of  Edu- 
cation, Board  of  Trustees,  or  other  governing  body,"  in  place 
of  the  words  "Board  of  Trustees,"  whenever  the  words  "Board 
of  Trustees  "  occur  in  said  sections. 

Sec  4.     This  Act  shall  take  effect  immediately. 


—  191  — 


CHAPTER  CC. 

An  Act  to  add  a  new  section  to  the  Penal  Code  of  California,  to 
be  known  and  numbered  as  section  three  hundred  and  ten  and 
one  half  of  said  Code,  relating  to  the  keeping  open  and  con- 
ducting  of  barber  shopst  hair-dressing  establishments,  and  bath 
houses  on  Sundays  and  legal  holidays. 

[Approved  March  27,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  A  new  section  is  hereby  added  to  the  Penal  Code 
of  the  State  of  California,  to  be  known  and  numbered  as  sec- 
tion three  hundred  and  ten  and  one  half,  and  to  read  as  follows: 

310^.  Every  person  who  as  proprietor,  manager,  lessee, 
employe,  or  agent  keeps  open  or  conducts,  or  causes  to  be  kept 
open  or  conducted,  any  barber  shop,  bath  house  and  barber 
shop,  barber  shop  of  a  bathing  establishment,  or  hair-dressing 
establishment,  or  any  place  for  shaving  or  hair  dressing,  used 
or  conducted  in  connection  with  any  other  place  of  business  or 
resort,  or  who  engages  at  work  or  labor  as  a  barber  in  any  such 
shop  or  establishment  on  Sunday,  or  on  a  legal  holiday,  after 
the  hour  of  twelve  o'clock  m.  of  said  day,  is  guilty  of  a  misde- 
meanor. 


CHAPTER  CCI. 

An  Act  to  provide  for  the  formation  of  protection  districts  in  the 
various  counties  of  this  State,  for  the  improvement  and  rectifica- 
tion of  the  channels  of  innavigable  streams  and  watercourses, 
for  the  prevention  of  the  overflow  thereof,  by  widening,  deepening, 
and  straightening  and  otherwise  improving  the  same,  and  to 
authorize  the  Boards  of  Supervisors  to  levy  and  collect  assess- 
ments from  the  property  benefited  to  pay  the  expenses  of  the 

same. 

[Approved  March  27,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Whenever  the  Board  of  Supervisors  of  any  county 
in  this  State  may  deem  it  proper  to  improve  and  rectify  the 
channel  of  any  innavigable  stream  or  watercourse  within  the 
county,  and  to  prevent  the  overflow  of  such  stream  by  widening, 
deepening,  or  straightening  its  course,  or  by  erecting  levees  or 
dikes  upon  its  banks,  the  Board  may,  upon  a  petition  of  ten 
property  holders  of  the  district  to  be  affected  by  such  improve- 
ments, pass  a  resolution  signifying  its  intention  to  improve 
such  innavigable  stream  or  watercourse,  describing  the  exterior 
boundaries  of  the  district  of  lands  to  be  affected  or  benefited 
by  such  work  or  improvement,  and  to  be  assessed  to  pay  the 


—  192  — 

damages,  cost,  and  expenses  thereof,  the  character  of  work  or 
improvement  contemplated,  and  the  place  where  the  proposed 
work  or  improvement  is  to  be  done.  Such  resolution  shall  also 
contain  a  notice,  to  be  published,  which  notice  shall  be  headed 
"  Notice  of  Intention  of  the  Board  of  Supervisors  to  form  a 
Protection  District/'  and  shall  state  the  fact  of  the  passage  of 
such  resolution,  with  the  date  thereof,  and  briefly,  the  work  or 
improvement  proposed,  and  the  statement  that  it  is  proposed  to 
assess  all  property  affected  or  benefited  by  such  improvement 
for  the  expenses  thereof,  and  refer  to  the  resolution  for  further 
particulars.  Such  notice  to  be  given  by  the  Board  of  Super- 
visors, and  signed  by  its  Clerk. 

Sec.  2.  Such  notice  shall  be  published  for  a  period  of  thirty 
days,  in  one  daily  newspaper  published  and  circulated  in  such 
county,  and  designated  by  said  Board  of  Supervisors;  or  if  there 
is  no  daily  newspaper  so  published  and  circulated  in  said  county, 
then  by  four  successive  insertions  in  a  weekly  or  semi-weekly 
newspaper  so  published,  circulated,  and  designated. 

Sec.  3.  Any  person  interested,  objecting  to  such  work  or 
improvement,  or  to  the  extent  of  the  district  of  lands  to  be 
affected  or  benefited  by  such  work  or  improvement,  and  to  be 
assessed  to  pay  the  cost  and  expenses  thereof,  may  make  writ- 
ten objections  to  the  same  within  ten  days  after  the  expiration 
of  the  time  of  the  publication  of  said  notice,  which  objection 
shall  be  delivered  to  the  Clerk  of  said  Board  of  Supervis- 
ors, who  shall  indorse  thereon  the  date  of  its  reception  by 
him,  and  at  the  next  regular  meeting  of  such  Board  of  Super- 
visors, or  at  an  adjourned  meeting,  or  a  special  meeting  called 
for  that  purpose,  after  the  expiration  of  said  ten  days,  lay  such 
objections  before  said  Board  of  Supervisors,  which  shall  fix  a 
time  for  hearing  said  objection,  not  less  than  fifteen  days  there- 
after, and  direct  its  clerk  to  notify  each  person  objecting  of 
such  day  fixed  for  hearing,  by  depositing  a  notice  thereof  in  the 
post  office  at  the  county  seat  of  such  county,  postage  prepaid, 
addressed  to  such  person  objecting,  which  said  notice  shall  be 
deposited  in  the  post  office  not  less  than  ten  days  before  the  day 
set  for  hearing. 

Sec.  4.  At  the  time  specified  or  to  which  the  hearing  may 
be  adjourned,  the  Board  of  Supervisors  shall  hear  the  objec- 
tions urged  and  pass  upon  the  same.  Such  Board  may,  in  its 
discretion,  sustain,  in  whole  or  in  part,  any  or  all  of  the  objec- 
tions made  and  filed,  and  may  change  or  alter  the  boundaries 
of  such  district  to  conform  to  the  needs  of  the  district,  and  may, 
in  their  discretion,  declare  such  protection  district  formed  as  a 
subdivision  of  such  county,  and  shall  designate  such  district 

by  name  as  the  Protection  District  of County,  and 

thereafter  the  Board  of  Supervisors  shall  be  deemed  to  have 
acquired  jurisdiction  to  purchase  or  receive  by  donation,  in  the 
name  of  the  district,  any  real  or  personal  property  necessary 
to  properly  carry  out  the  purposes  of  the  formation  of  such 
district,  under  the  same  rules  as  govern  the  purchase  of  prop- 
erty in  the  name  of  the  county;  but  no  district  shall  be  formed 
wherein  a  majority  of  the  property  holders  within  its  limits 
protest  in  writing  against  such  action. 


—  193  — 

Sec.  5.  The  Board  of  Supervisors  of  such  county  shall  also 
have  power  to  condemn  land  for  the  purpose  of  widening,  deep- 
ening, or  straightening  any  innavigable  stream  flowing  through 
such  protection  district,  and  for  that  purpose  all  of  the  provisions 
of  part  three,  title  seven,  of  the  Code  of  Civil  Procedure  are 
hereby  made  applicable  to  the  exercise  of  the  right  of  eminent 
domain  for  such  purposes,  or  to  any  purpose  necessary  to  the 
needs  of  such  district  when  formed. 

Sec.  6.  Having  acquired  jurisdiction,  as  provided  in  section 
four  hereof,  the  Board  of  Supervisors  shall  cause  a  survey  of 
said  contemplated  improvement  to  be  made,  or  adopt  a  survey 
already  made;  and  a  map  of  the  survey  must  be  adopted  by 
such  Board,  and  thereafter  such  survey  and  map  shall  be  the 
plans  to  be  followed  in  making  such  improvements. 

Sec  7.  After  adopting  such  survey,  the  Board  of  Supervisors 
shall  appoint  three  Commissioners  to  assess  benefits  and  damages, 
to  estimate  the  total  cost  of  making  the  proposed  improvements 
and  performing  such  proposed  work,  which  estimate  shall  include 
all  expenses  of  every  kind  incurred  or  to  be  incurred,  either 
directly  or  indirectly,  in  carrying  out  the  said  work  and  improve- 
ments. Before  entering  upon  the  discharge  of  their  duties  as 
such  Commissioners,  they  shall  each  take  and  subscribe  to  an 
oath  to  perform  the  duties  of  such  Commission  to  the  best  of 
their  abilities,  and  shall  each  file,  with  the  Clerk  of  the  Board  of 
Supervisors,  a  bond  to  the  State  of  California,  in  the  sum  of 
three  thousand  dollars,  to  faithfully  perform  the  duties  of  his 
office  as  such  Commissioner,  which  said  bond  must  be  approved 
by  the  Chairman  of  the  Board  of  Supervisors.  The  Board  of 
Supervisors  may,  at  any  time,  remove  any  or  all  of  said  Com- 
missioners for  cause,  upon  reasonable  notice  and  hearing,  and 
may  fill  any  vacancies  occurring  among  them  from  any  cause. 

Sec.  8.  The  Commissioners  shall  have  all  powers  necessary 
and  proper  to  carry  out  the  provisions  of  this  Act,  and  the  act 
of  a  majority  shall  be  the  act  of  the  Board. 

Sec.  9.  All  such  charges  and  expenses  shall  be  deemed  as 
expenses  of  said  work  or  improvement,  and  be  a  charge  only 
upon  the  funds  devoted  to  the  particular  work  or  improve- 
ment as  provided  hereafter.  All  claims,  as  well  for  the  land 
and  improvements  taken  or  damaged  as  for  the  charges  and 
expenses,  shall  be  paid  as  are  other  claims  against  the  county 
and  upon  order  of  the  Board  of  Supervisors,  and  the  claims 
shall  be  itemized  in  the  same  manner  as  are  other  claims 
against  the  county. 

Sec.  10.  Said  Commissioners  shall  proceed  to  view  the  lands 
embraced  within  the  boundaries  of  such  protection  district,  and 
may  examine  witnesses  on  oath,  to  be  administered  by  any  one 
of  them.  Having  viewed  the  land  to  be  taken,  and  the  improve- 
ments affected,  and  considered  the  testimony  presented,  they 
shall  proceed  with  all  diligence  to  determine  the  value  of  the 
land  and  the  damage  to  improvements  and  property  affected, 
and  also  the  estimated  amount  of  the  cost  of  the  proposed  work 
or  improvements,  and  the  expenses  incident  thereto,  and  having 
determined  the  same,  shall  proceed  to  assess  the  same  upon 
13 


—  194  — 

the  lands  embraced  within  the  exterior  boundaries  of  such  pro- 
tection district.  Such  assessment  shall  be  made  in  the  manner 
following,  to  wit:  The  Board  of  Supervisors  may  assess  to  the 
county,  as  an  interested  and  benefited  party,  such  portion  of 
said  assessment,  not  exceeding  one  third,  as  in  their  judgment 
they  may  determine,  and  the  remainder  of  such  assessment 
shall  be  made  upon  the  lands  within  said  district  in  proportion 
to  the  benefits  to  be  derived  from  said  work  or  improvement,  so 
far  as  the  said  Commission  can  reasonably  estimate  the  same, 
including  in  such  estimate  the  property  of  any  railroad  com- 
pany within  said  district,  if  such  there  be. 

Sec.  11.  Said  Commissioners,  having  made  their  assessment 
of  benefits  and  damages,  shall,  with  all  diligence,  make  a  written 
report  thereof  to  the  Board  of  Supervisors,  and  shall  accompany 
their  report  with  a  plat  of  the  district,  snowing  the  land  taken 
or  to  be  taken  for  the  work  or  improvement;  and  the  lands 
assessed,  showing  the  relative  location  of  each  district,  block, 
lot,  or  portion  of  lot  or  other  piece  of  land,  and  its  dimensions, 
so  far  as  the  Commissioners  can  reasonably  ascertain  the  same. 
Each  block  and  lot,  or  portion  of  lot,  or  other  parcel  or  parcels 
of  land  taken  or  assessed,  shall  be  designated  and  described  in 
said  plat  by  an  appropriate  number,  and  a  reference  to  it  by 
such  descriptive  number  shall  be  a  sufficient  description  of  it 
in  all  respects.  When  the  report  and  plat  are  approved  by 
the  Board  of  Supervisors,  a  copy  of  said  plat  (appropriately 
designated  and  certified  by  the  Clerk  of  said  Board  as  a  correct 
copy  of  the  plat  on  file  in  his  office)  shall  be,  by  the  Clerk  of 
said  Board,  recorded  in  the  office  of  the  Recorder  of  the  county. 
Said  report  of  the  Commissioners  shall  also  contain  the  names 
of  the  persons  owning  lands  taken,  or  to  be  taken,  for  such 
work  or  improvement;  the  names  of  the  land  owners  who  con- 
sent to  give  the  right  of  way,  and  their  written  consent  thereto; 
the  names  of  land  owners  who  do  not  consent,  and  the  amount 
of  damage  claimed  by  each,  and  the  amount  of  damages 
awarded  to  each  by  the  Commissioners. 

Sec.  12.  Said  report  shall  specify  each  lot,  subdivision,  or 
piece  of  property  taken  or  injured  by  the  widening,  deepening, 
or  straightening  of  such  innavigable  stream,  or  other  improve- 
ment made  or  work  done,  or  assessed  therefor,  together  with 
the  name  of  the  owner  or  claimants  thereof,  or  of  persons  inter- 
ested therein  as  lessees,  incumbrancers,  or  otherwise,  so  far  as 
the  same  are  known  to  the  Commissioners,  and  the  particulars 
of  their  interests,  so  far  as  the  same  can  be  ascertained,  and 
the  amount  of  value  or  damages,  or  the  amount  assessed,  as 
the  case  may  be. 

Sec  13.  If  in  any  case  the  Commissioners  find  that  con- 
flicting claims  of  title  exist,  or  shall  be  in  ignorance  or  doubt 
as  to  the  ownership  of  any  piece  of  land  or  of  any  improvement 
thereon,  or  of  any  interest  in  such  land  or  improvement,  it  shall 
be  set  down  as  belonging  to  unknown  owners.  Errors  in  the 
designation  of  the  owner  or  owners  of  any  land  or  improve- 
ment, or  of  the  particulars  of  their  interests,  shall  not  affect 
the  validity  of  the  assessment,  or  of  any  condemnation  of  the 
property  to  be  taken. 


—  195  — 

Sec.  14.  The  Commissioners  shall  receive  for  their  services 
such  compensation  as  the  Board  of  Supervisors  may  determine 
from  time  to  time;  provided,  that  the  compensation  shall  not 
exceed  the  sum  of  one  hundred  dollars  per  month  each,  nor 
continue  for  more  than  six  months,  unless  the  Board  of  Super- 
visors shall,  by  order,  extend  such  time.  The  compensation 
of  the  Commissioners  shall  be  considered  as  an  expense  of  the 
work  or  improvement,  and  shall  be  chargeable  and  payable  as 
are  other  expenses  thereof. 

Sec.  15.  The  report  of  such  Commissioners,  and  the  plat 
accompanying  it,  shall  be  filed  with  the  Clerk  of  the  Board  of 
Supervisors,  and  thereupon  the  said  Clerk  shall  give  notice  of 
such  filing  by  publication  for  at  least  ten  days,  in  one  daily 
newspaper  published  and  circulated  in  said  county;  or  if  there 
be  no  daily  paper,  by  three  successive  insertions  in  a  weekly  or 
semi-weekly  newspaper  so  published  and  circulated.  Said  notice 
shall  require  all  persons  interested  to  show  cause,  if  any  they 
have,  why  such  report  should  not  be  adopted  and  confirmed  by 
the  Board  of  Supervisors,  on  or  before  a  day  fixed  by  the  Clerk 
thereof,  and  stated  in  said  notice;  which  day  shall  not  be  less 
than  thirty  days  from  the  last  publication  thereof.  Such  notice 
shall  be  substantially  in  the  following  form: 

Notice  of  the  filing  of  the  report  of  the  Board  of  Commis- 
sioners of Protection  District. 

Notice    is  hereby  given  that  the  Board  of  Commissioners 

of Protection  District  did,  on  the day  of 189 — , 

file  its  report  of  the  assessment  of  benefits  and  award  of  dam- 
ages in  said  protection  district  with  the  Clerk  of  the  Board  of 

Supervisors  of County,  which  said  report  is  now  on  file  in 

the  office  of  said  Board,  in  the  county  court-house,  in  the  city 

of ,  in   said  county.     Said  report  is  hereby  made  a  part 

hereof,  and  is  hereby  referred  to  for  further  particulars.  All 
persons  interested  are  hereby  required  to  show  cause,  if  any 
they  have,  why  such  report  should  not  be  adopted  and  con- 
firmed by  such  Board  of  Supervisors. 

All  objections  to  such  adoption  of  such  report  shall  be  in 
writing  and  signed  by  the  person  objecting,  giving  post  office 
address,  and  filed  with  the  Clerk  of  said  Board  of  Supervisors 
on  or  before  the day  of ,  189 — . 

j 

Clerk  of  the  Board  of  Supervisors  of County. 

Sec  16.  All  objections  shall  be  in  writing  and  filed  with  the 
Clerk  of  the  Board  of  Supervisors,  who  shall,  at  the  next  meet- 
ing of  the  Board  (whether  an  adjourned  meeting,  a  regular 
monthly  meeting,  or  a  special  meeting  called  for  that  purpose) 
after  the  day  fixed  in  the  notice  to  show  cause,  lay  the  said 
objections,  if  any  have  been  filed,  before  the  said  Board,  which 
shall,  by  order,  fix  a  time  for  hearing  the  same,  and  direct  the 
Clerk  to  notify  the  objectors  in  the  manner  prescribed  in  section 
three  hereof.  At  the  time  fixed  for  hearing,  or  at  such  other 
time  as  the  hearing  may  be  adjourned  to,  the  Board  of  Super- 
visors shall  hear  such  objections  and  pass  upon  the  same;  and 
at  such  time,  or  if  there  be  no  objections,  at  the  first  meeting 


—  196  — 

after  the  day  set  in  such  order  to  show  cause,  or  such  other  time 
as  may  be  fixed,  shall  proceed  to  pass  upon  such  report,  and 
may  confirm,  correct,  or  modify  the  same,  or  may  order  the 
Commissioners  to  make  a  new  assessment,  report,  and  plat, 
which  shall  be  filed,  notice  given,  and  hearing  had  as  in  the 
case  of  an  original  report.  When  such  report  has  been  adopted 
and  confirmed,  the  said  Board  may,  by  order  entered  upon  its 
minutes,  discharge  such  Commissioners,  and  their  authority 
shall  thereupon  cease. 

Sec.  17.  After  said  report  has  been  adopted  as  provided  in 
the  preceding  section,  the  Board  of  Supervisors,  if  they  consider 
the  sum  to  be  raised  for  the  payment  of  the  expenses  of  such 
work  or  improvement  too  great  to  be  properly  expended  in  one 
year,  or  too  great  to  be  raised  in  one  year  by  assessments  against 
the  property  of  such  protection  district,  may,  by  order  entered 
upon  its  minutes,  provide  that  any  part  of  such  expenses  shall 
be  raised  or  expended  in  one  year,  and  that  such  assessments 
shall  continue  for  a  number  of  years  sufficient  to  raise  by  assess- 
ment, and  expend,  the  total  sum  required  by  such  report  for  the 
work  or  improvement.  When  the  Board  has  determined  the 
sum  to  be  assessed  for  each  year,  and  the  number  of  years  that 
such  assessment  shall  continue,  they  shall  cause  the  Clerk  of 
the  Board  of  Supervisors  to  forward  to  the  Tax  Collector  of  the 
county  in  which  such  district  is  situated,  a  certified  copy  of  the 
report,  assessment,  and  plat  as  adopted  and  confirmed  by  the 
said  Board  of  Supervisors,  together  with  a  certified  copy  of  the 
order  of  said  Board,  fixing  the  sum  to  be  raised  by  such  assess- 
ment each  year  and  the  number  of  years  such  assessment  shall 
continue,  and  from  and  after  the  filing  of  such  certified  copy  the 
charges  assessed  upon  each  piece  of  land  or  improvement  thereon 
for  the  first  year  shall  become  due  and  payable  immediately 
and  shall  constitute  a  lien  thereon;  and  thereafter  the  assess- 
ments for  the  succeeding  years  shall  become  due  and  payable 
on  the  first  day  of  October  of  each  year,  and  shall,  upon  becom- 
ing due  and  payable,  constitute  a  lien  upon  the  land  or  improve- 
ments upon  which  it  is  assessed.  Before  such  sums  become 
delinquent,  the  Board  of  Supervisors  shall  direct  the  County 
Treasurer  to  transfer  from  the  money  then  in  the  General  Fund 
of  such  county  to  the  fund  raised  by  such  assessment,  a  sum  of 
money  to  be  named  in  the  order,  great  enough  to  pay  the 
assessment  made  against  the  county  for  that  year  for  such  work 
and  improvements. 

Sec  18.  All  moneys  paid  upon  such  assessments,  either  by 
property  owners  or  by  the  county,  and  moneys  received  from 
any  source  for  the  benefit  of  such  protection  district,  shall  be, 
by  the  County  Treasurer,  placed  in  a  fund  to  be  called  the 

Protection  District  Fund;  and  all  payments  of  any  of  the 

expenses  of  the  work  or  improvements  or  other  expenses  of  such 
district  shall  be  made  upon  warrants  drawn  by  the  County 
Auditor  upon  such  fund,  and  paid  by  such  Treasurer. 

Sec  19.  Upon  the  filing  of  such  certified  copy  of  such  report, 
assessment  plat,  and  order  with  the  Tax  Collector  of  the  county, 
as  prescribed  in  section  eighteen  hereof,  the  County  Tax  Col- 


—  197  — 

lector  shall  give  notice,  by  ten  days'  publication  in  a  newspaper 

printed  in  the  county,  that  the  assessment  list  of Protection 

District  has  been  filed  in  his  office,  with  the  date  of  such  filing; 
that  the  amounts  entered  thereon  are  due  and  payable;  that 
if  not  paid  on  or  before  the  first  Monday  in  January  next 
ensuing,  the  same  will  become  delinquent  and  will  be  collected 
as  are  delinquent  taxes.  He  shall  note  on  said  assessment  list 
all  assessments  paid,  giving  receipts  as  in  the  payment  of  taxes, 
and  shall  pay  all  money  collected  into  the  County  Treasury  at 
the  same  time  and  in  the  same  manner  as  money  collected  for 
taxes  is  paid  into  said  treasury.  All  subsequent  collections  of 
assessments  shall  be  made  in  the  same  manner  above  set  forth, 
and  the  Tax  Collector  shall  annually  (after  the  first  year), 
immepliately  after  the  first  day  of  October,  publish  a  notice 
containing  all  the  statements  required  to  be  made  as  herein- 
before in  this  section  set  forth,  and  the  same  proceedings  shall 
be  had  as  upon  the  collection  of  the  first  assessment. 

Sec.  20.  When  said  assessments  have  become  delinquent 
the  Tax  Collector  of  such  county  shall  proceed  to  collect  such 
delinquent  assessments,  with  five  per  cent  added  thereon,  and 
pay  the  same,  including  the  five  per  cent  so  collected,  over  to 
the  County  Treasurer,  in  the  same  manner  as  State  and  county 
taxes  are  collected  and  paid  over;  and  for  the  purpose  of  col- 
lecting such  assessments  and  delinquent  assessments  all  of  the 
provisions  of  chapter  seven,  title  nine,  part  three,  of  the  Political 
Code  not  in  conflict  with  any  of  the  provisions  of  this  Act  are 
hereby  made  applicable  to  the  collection  of  assessments  and 
delinquent  assessments  in  such  protection  districts. 

Sec.  21.  If,  at  the  completion  of  such  work  or  improvements, 
there  should  be,  from  any  cause,  a  surplus  of  money  left  in  such 
Protection  District  Fund,  the  Board  of  Supervisors  may  ascer- 
tain the  pro  rata  amount  belonging  to  each  person  paying  such 
assessments,  and  upon  the  filing  of  claims  for  such  rebate, 
properly  itemized,  shall  refund  such  money  to  the  parties  who 
paid  the  same;  and  when  all  of  such  money  has  been  refunded, 
shall,  by  order,  direct  the  County  Treasurer  to  abolish  such 
Protection  District  Fund. 

Sec  22.  When  sufficient  money  is  in  such  Protection  Dis- 
trict Fund  to  pay  for  the  property  taken  and  damaged,  accord- 
ing to  the  award  of  damages  made  in  the  report  adopted  by  the 
Board  of  Supervisors,  as  provided  in  section  seventeen  hereof, 
the  Clerk  of  the  Board  of  Supervisors  shall  notify  the  owner, 
possessor,  or  occupant  of  any  land  or  improvement  thereon  to 
whom  damages  shall  have  been  awarded,  that  such  award  has 
been  made,  and  the  amount  thereof,  and  that  upon  such  person 
filing  a  claim  and  tendering  a  conveyance  of  any  property  to 
be  taken,  such  claim  will  be  allowed  and  such  damages  paid. 
Such  notice  shall  be  given  by  depositing  such  notice  in, the 
post  office  at  the  county  seat  of  such  county,  postage  prepaid, 
addressed  to  such  owner,  possessor,  or  occupant,  if  his  name  be 
known.  In  case  the  property  is  unoccupied,  and  the  name  of 
the  owners  is  unknown,  or  in  case  such  unoccupied  property  is 
set  down  as  belonging  to  unknown  owners  for  the  reasons  given 


—  198  — - 

in  section  fourteen  hereof,  such  notice  shall  be  delivered  to  the 
Sheriff  or  to  a  Constable,  who  shall  serve  the  same  by  posting  a 
copy  in  a  conspicuous  place  upon  the  property  named  in  said 
notice,  and  indorse  a  certificate  of  service  upon  the  original 
notice,  and  file  the  same  with  the  Clerk  of  the  Board  of  Super- 
visors. 

Sec.  23.  Whenever  the  Clerk  of  the  Board  of  Supervisors  or 
other  officer  is,  by  this  Act,  empowered  to  serve  any  notice  by 
mailing,  a  certificate  of  such  mailing,  in  conformity  to  the  pro- 
visions of  this  Act  and  filed  with  the  records  of  such  Super- 
visors, shall  be  sufficient  proof  of  such  service. 

Sec  24.  If  any  award  of  damages  is  not  accepted  within 
fifteen  days  after  the  mailing  or  posting  of  such  notice,  it  shall 
be  deemed  as  rejected  by  the  property  owner,  and  thereupon 
the  Board  of  Supervisors  may  direct  proceedings  to  procure  the 
right  of  way  to  be  instituted,  in  the  name  of  the  county,  by  the 
District  Attorney,  under  and  as  provided  in  title  seven,  part 
three,  of  the  Code  of  Civil  Procedure,  against  all  non-accepting 
property  owners;  and  when  thereunder  the  right  of  way  is  pro- 
cured, the  work  or  improvement  must  be  commenced  as  herein- 
after provided.  In  such  suit  no  informality  in  the  proceedings 
of  the  Board  of  Supervisors,  or  in  the  proceedings  of  the  Com- 
missioners, shall  vitiate  said  suit,  but  the  said  order  of  the 
Board  of  Supervisors,  directing  the  District  Attorney  to  bring 
suit,  shall  be  conclusive  proof  of  the  regularity  thereof;  and  the 
said  suit  shall  be  determined  by  the  Court  or  jury  in  accord- 
ance with  the  rights  of  the  respective  parties  as  shown  in  Court, 
independent  of  said  proceedings  before  said  Board  of  Supervis- 
ors or  before  said  Commissioners. 

Sec.  25.  If  any  right  of  way,  attempted  to  be  acquired  by 
virtue  of  this  Act,  shall  be  found  to  be  defective  from  any  cause, 
the  Board  of  Supervisors  may  again  institute  proceedings  to 
acquire  the  right  of  way  as  in  this  Act  provided,  or  otherwise, 
or  may  purchase  the  same  and  include  the  cost  thereof  in  the 
expenses  of  such  work  or  improvement. 

Sec  26.  The  Board  of  Supervisors  shall  determine  the 
amount  of  work  to  be  done  in  each  year  and  the  place  where 
such  work  is  to  be  done,  and  may  let  a  contract  for  any  portion 
of  such  work  that  they  may  think  proper.  When  the  work  is 
let  by  contract,  either  as  a  whole  work  or  for  a  portion  thereof, 
the  Board  shall  give  notice,  by  publication  thereof,  not  less 
than  ten  days,  in  a  newspaper  published  in  such  county,  calling 
for  bids  for  the  construction  of  such  work,  or  of  any  portion 
thereof;  if  less  than  the  whole  work  is  advertised,  then  the 
portion  so  advertised  must  be  particularly  described  in  such 
notice.  Said  notice  shall  set  forth  that  plans  and  specifications 
can  be  seen  at  the  office  of  the  Board,  and  that  the  Board  will 
receive  sealed  proposals  therefor,  and  that  the  contract  will  be 
let  to  the  lowest  responsible  bidder,  stating  the  time  and  place 
for  opening  said  proposal,  and  how  such  sealed  proposals  shall 
be  addressed,  which,  at  the  time  and  place  appointed,  shall  be 
opened,  and,  as  soon  thereafter  as  convenient,  the  Board  shall 
let  said  work,  either  in  portions  or  as  a  whole,  to  the  lowest 


—  199  — 

responsible  bidder;  or  they  may  reject  any  and  all  bids  and 
readvertise  for  proposals.  Any  person  or  persons  to  whom  a 
contract  may  be  awarded  shall  enter  into  a  bond,  with  good 
and  sufficient  sureties,  to  be  approved  by  the  Board,  payable 
to  said  county  for  the  use  of  such  protection  district,  for  double 
the  amount  of  the  contract  price,  conditioned  for  the  faithful 
performance  of  said  contract.  The  work  shall  be  done  under 
the  direction  and  to  the  satisfaction  of  the  Board  of  Supervisors. 

Sec.  27.  If,  according  to  the  survey  and  map  as  adopted 
by  the  Board  of  Supervisors,  as  provided  in  section  seven  hereof, 
it  is  necessary,  in  order  to  shorten  or  straighten  the  course  of 
any  innavigable  stream,  to  dig  canals,  cut  off  bends,  change  the 
channel  or  course  of  such  stream,  or  to  turn  the  water  from 
its  present  channel  into  a  former  but  now  dry  channel,  then 
such  work  shall  be  considered  as  the  straightening  of  the 
channel  and  course  of  such  innavigable  stream,  and  all  of  the 
provisions  of  this  Act  are  hereby  declared  to  be  applicable  to 
such  work. 

Sec.  28.  If,  at  any  time,  in  the  opinion  of  the  Board  of 
Supervisors,  the  expenditure  of  money  is  absolutely  necessary 
to  the  welfare  of  such  protection  district,  and  there  is  no 
money  in  the  fund  of  such  district  to  make  such  necessary 
expenditure,  or  the  money  in  such  fund  is  insufficient  to  make 
such  necessary  expenditure,  then  the  Board  of  Supervisors  may 
advance  such  money  out  of  the  General  Fund  of  the  county, 
and  the  same  shall  be  a  credit  to  the  county  as  a  payment  of 
the  assessments  against  the  county  to  that  extent;  or  if  such 
money  advanced  shall  exceed  the  assessments  against  the 
county,  then  as  soon  as  there  is  sufficient  money  in  the  fund 
of  such  protection  district  to  pay  the  excess,  the  Board  of 
Supervisors  shall  direct  the  County  Treasurer  to  transfer  to  the 
General  Fund  from  the  fund  of  such  protection  district,  a  sum 
great  enough  to  balance  the  accounts. 

Sec  29.  The  provisions  of  this  Act  shall  be  liberally  con- 
strued to  promote  the  objects  thereof. 

This  Act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 


200  — 


CHAPTER  CCII. 

An  Act  to  amend  sections  six  hundred  and  twenty-six,  six  hundred 
and  thirty-one,  six  hundred  and  thirty-two,  six  hundred  and 
thirty-three,  six  hundred  and  thirty-four,  six  hundred  and 
thirty-jive,  and  six  hundred  and  thirty-six  of,  and  to  add  nine- 
teen new  sections,  to  be  numbered  six  hundred  and  twenty-six  a, 
six  hundred  and  twenty-six  b,  six  hundred  and  twenty-six  c,  six 
hundred  and  twenty-six  d,  six  hundred  and  twenty-six  e,  six 
hundred  and  twenty-six  f,  six  hundred  and  twenty-six  g,  six  hun- 
dred and  twenty-six  h,  six  hundred  and  twenty-six  i,  six  hundred 
and  twenty-seven,  six  hundred  and  twenty-seven  a,  six  hundred 
and  twenty-seven  b,  six  hundred  and  twenty-seven  c,  six  hundred 
and  twenty-seven  d,  six  hundred  and  twenty-eight,  six  hundred 
and  twenty-eight  a,  six  hundred  and  twenty-nine,  six  hundred 
and  thirty-two  a,  six  hundred  and  thirty-two  b,  to  an  Act  entitled 
"An  Act  to  establish  a  Penal  Code,,}  approved  February  14r 
1872,  relating  to  fish  and  game. 

[Approved  March  27,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Section  six  hundred  and.  twenty-six  of  an  Act 
entitled  "An  Act  to  establish  a  Penal  Code,"  approved  Feb- 
ruary fourteenth,  eighteen  hundred  and  seventy-two,  is  hereby 
amended  to  read  as  follows: 

626.  Every  person  who,  in  the  State  of  California,  between 
the  fifteenth  day  of  February  and  the  fifteenth  day  of  October 
in  each  year,  shall  hunt,  pursue,  take,  kill,  or  destroy,  or  have 
in  his  possession,  whether  taken  in  the  State  of  California,  or 
shipped  into  the  State  from  any  other  State,  Territory,  or 
foreign  country,  except  for  purposes  of  propagation,  any  valley 
quail,  bob-white,  partridge,  robin,  or  any  kind  of  wild  duck  or 
rail,  shall  be  guilty  of  a  misdemeanor;  provided,  that  the  right 
to  have  in  possession  for  the  purposes  of  propagation  shall  first 
be  obtained,  by  permit,  in  writing,  from  the  Game  Warden  of 
the  county  wherein  said  birds  are  to  be  caught. 

Sec  2.  A  new  section  is  hereby  added  to  said  Penal  Code, 
to  be  numbered  section  six  hundred  and  twenty-six  a,  to  read 
as  follows: 

626a.  Every  person  who,  in  the  State  of  California,  between 
the  fifteenth  day  of  February  and  the  fifteenth  day  of  August 
in  each  year,  shall  hunt,  pursue,  take,  kill,  or  destroy,  or  have 
in  his  possession,  whether  taken  or  killed  in  the  State  of  Cali- 
fornia, or  shipped  into  the  State  from  any  other  State,  Territory, 
or  foreign  country,  except  for  purposes  of  propagation,  any 
mountain  quail,  or  grouse,  shall  be  guilty  of  a  misdemeanor; 
provided,  that  the  right  to  have  in  possession  for  the  purposes 
of  propagation  shall  first  be  obtained,  by  permit,  in  writing, 
from  the  Game  Warden  of  the  county  wherein  said  birds  are 
to  be  caught.     Every  person  who,  in  the  State  of  California, 


—  201  — 

shall  take,  gather,  or  destroy  the  eggs  of  any  quail,  bob-white,, 
partridge,  pheasant,  grouse,  dove,  or  robin,  or  any  kind  of  wild 
duck,  shall  be  guilty  of  a  misdemeanor. 

Sec.  3.  A  new  section  is  hereby  added  to  said  Penal  Code, 
to  be  numbered  section  six  hundred  and  twenty-six  b,  to  read 
as  follows: 

6266.  Every  person  who,  in  the  State  of  California,  between 
the  fifteenth  day  of  February  and  the  first  day  of  July  in  each 
year,  shall  hunt,  pursue,  take,  kill,  or  destroy,  or  have  in  his 
possession  any  dove  or  doves,  shall  be  guilty  of  a  misdemeanor. 

Sec.  4.  A  new  section  is  hereby  added  to  said  Penal  Code, 
to  be  numbered  section  six  hundred  and  twenty-six  c,  to  read 
as  follows: 

626c.  Every  person  who,  in  the  State  of  California,  shall 
hunt,  pursue,  take,  kill,  or  destroy  any  male  deer,  between  the 
fifteenth  day  of  October  and  the  fifteenth  day  of  July  of  the 
following  year,  shall  be  guilty  of  a  misdemeanor. 

Sec  5.  A  new  section  is  hereby  added  to  said  Penal  Code, 
to  be  numbered  section  six  hundred  and  twenty-six  d,  to  read 
as  follows: 

626<i.  Every  person  who,  in  the  State  of  California,  shall 
at  any  time  hunt,  pursue,  take,  kill,  or  destroy  any  female  deer, 
or  spotted  fawn,  or  any  antelope,  elk,  or  mountain  sheep,  shall 
be  guilty  of  a  misdemeanor. 

Sec.  6.  A  new  section  is  hereby  added  to  said  Penal  Code, 
to  be  numbered  section  six  hundred  and  twenty-six  e,  to  read 
as  follows: 

626c.  Every  person  who,  in  the  State  of  California,  shall  at 
any  time  buy,  sell,  or  offer  for  sale  the  hide  or  meat  of  any 
deer,  elk,  antelope,  or  mountain  sheep,  whether  taken  or  killed 
in  the  State  of  California,  or  shipped  into  the  State  from  any 
other  State  or  Territory,  shall  be  guilty  of  a  misdemeanor;  pro- 
vided, that  nothing  in  this  section  shall  be  held  to  apply  to  the 
hide  of  any  of  said  animals  taken  or  killed  in  Alaska,  or  any 
foreign  country. 

Sec  7.  A  new  section  is  hereby  added  to  said  Penal  Code, 
to  be  numbered  section  six  hundred  and  twenty-six  /,  to  read 
as  follows: 

626/.  Every  person  who  shall  buy,  sell,  offer,  or  expose  for 
sale,  transport,  or  carry,  or  have  in  his  possession  the  skin, 
hide,  or  pelt  of  any  deer  from  which  the  evidence  of  sex  has 
been  removed,  shall  be  guilty  of  a  misdemeanor. 

Sec  8.  A  new  section  is  hereby  added  to  said  Penal  Code,  to 
be  numbered  section  six  hundred  and  twenty-six  g,  to  read  as 
follows: 

626$.  Every  person  who,  in  the  State  of  California,  shall, 
within  the  three  years  next  after  the  passage  of  this  Act,  hunt, 
pursue,  take,  kill,  or  destroy,  or  have  in  his  possession,  except 
for  the  purposes  of  propagation,  any  pheasant,  shall  be  guilty 
of  a  misdemeanor. 

Sec  9.  A  new  section  is  hereby  added  to  said  Penal  Code, 
to  be  numbered  section  six  hundred  and  twenty-six  h,  to  read 
as  follows: 


—  202  — 

626/t.  Every  cold-storage  company,  person  keeping  a 
cold-storage  warehouse,  tavern  or  hotel  keeper,  restaurant  or 
eating-house  keeper,  marketman,  or  other  person,  who  shall  buy, 
sell,  expose,  or  offer  for  sale,  or  give  away,  or  have  in  his  pos- 
session, in  this  State,  any  quail,  bob-white,  partridge,  pheasant, 
grouse,  dove,  or  wild  duck,  during  the  time  it  shall  be  unlawful 
to  kill  such  birds,  whether  taken  or  killed  in  the  State  of  Cali- 
fornia, or  shipped  into  the  State  from  any  other  State,  Terri- 
tory, or  foreign  country,  shall  be  guilty  of  a  misdemeanor. 

Sec.  10.  A  new  section  is  hereby  added  to  said  Penal  Code, 
to  be  numbered  section  six  hundred  and  twenty- six  £,  to  read 
as  follows: 

626^.  Every  cold-storage  company,  and  every  person  keep- 
ing a  cold-storage  warehouse,  tavern,  hotel,  restaurant,  or  eat- 
ing-house, and  every  marketman  or  other  person,  who  shall 
buy,  sell,  expose,  or  offer  for  sale,  in  this  State,  any  quail,  bob- 
white,  partridge,  grouse,  dove,  or  wild  duck,  whether  taken  or 
killed  in  the  State  of  California,  or  shipped  into  the  State  from 
any  other  State,  Territory,  or  foreign  country,  except  between  the 
fifteenth  day  of  November  and  the  fifteenth  day  of  January  of 
the  following  year,  shall  be  guilty  of  a  misdemeanor. 

Sec.  11.  A  new  section  is  hereby  added  to  said  Penal  Code, 
to  be  numbered  section  six  hundred  and  twenty-seven,  to  read 
as  follows: 

627.  Every  person  who  shall  use  a  shotgun  of  a  larger 
caliber  than  that  commonly  known  and  designated  as  a  number 
ten  gauge,  shall  be  guilty  of  a  misdemeanor.  The  proof  of  the 
possession  of  said  gun  in  the  field,  on  marsh,  bay,  lake,  or 
stream,  shall  be  prima  facie  evidence  of  its  illegal  use. 

Sec  12.  A  new  section  is  hereby  added  to  said  Penal  Code, 
to  be  numbered  section  six  hundred  and  twenty-seven  a,  to 
read  as  follows: 

627a.  Every  person  who,  upon  any  inclosed  or  cultivated 
grounds,  which  are  private  property,  and  where  signs  are  dis- 
played forbidding  such  shooting,  except  salt  water  marsh  land, 
shall  shoot  any  quail,  bob-white,  pheasant,  partridge,  grouse, 
dove,  deer,  or  wild  duck,  without  permission  first  obtained  from 
the  owner  or  person  in  possession  of  such  grounds,  or  who  shall 
maliciously  tear  down,  mutilate,  or  destroy  any  sign,  signboard, 
or  other  notice  forbidding  shooting  on  private  property,  shall 
be  guilty  of  a  misdemeanor. 

Sec  13.  A  new  section  is  hereby  added  to  said  Penal  Code, 
to  be  numbered  section  six  hundred  and  twenty-seven  b,  to 
read  as  follows: 

6276.  Every  railroad  company,  express  company,  transpor- 
tation company,  or  other  common  carrier,  their  officers,  agents, 
and  servants,  and  every  other  person,  who  shall  transport, 
carry,  or  take  out  of  this  State,  or  shall  receive  for  the  purpose 
of  transporting  from  the  State,  any  deer,  deer  skin,  buck,  doe, 
or  fawn,  or  any  quail,  partridge,  pheasant,  grouse,  prairie 
chicken,  dove,  or  wild  duck,  except  for  purposes  of  propaga- 
tion, or  who  shall  transport,  carry,  or  take  from  the  State,  or 
receive  for  the  purpose  of  transporting  from  this  State,  any 


—  203  — 

such  animal  or  bird,  shall  be  guilty  of  a  misdemeanor ;  pro- 
vided, that  the  right  to  transport  for  ihe  purposes  of  propaga- 
tion shall  first  be  obtained  by  permit,  in  writing,  from  the 
Board  of  Fish  Commissioners  of  the  State  of  California. 

Sec.  14.  A  new  section  is  hereby  added  to  said  Penal  Code, 
to  be  numbered  section  six  hundred  and  twenty-seven  c,  to  read 
as  follows: 

627c.  Every  person  who,  in  the  State  of  California,  shall 
at  any  time  hunt,  shoot,  shoot  at,  take,  kill,  or  destroy,  buy, 
sell,  give  away,  or  have  in  his  possession,  except  for  the  purpose 
of  propagation,  or  for  educational  or  scientific  purposes,  any 
English  sky-lark,  canary,  California  oriole,  humming-bird, 
thrush,  or  mocking-bird,  or  any  part  of  the  skin,  skins,  or 
plumage  thereof,  or  who  shall  rob  the  nests,  or  take  or  destroy 
the  eggs,  of  any  of  the  said  birds,  shall  be  guilty  of  a  misde- 
meanor. 

Sec  15.  A  new  section  is  hereby  added  to  said  Penal  Code, 
to  be  numbered  section  six  hundred  and  twenty-seven  d,  to  read 
as  follows: 

62  7d.  Any  person  found  guilty  of  a  violation  of  any  of  the 
provisions  of  the  foregoing  sections  of  this  chapter  shall  be  fined 
in  a  sum  not  less  than  twenty  dollars,  or  be  imprisoned  in  the 
county  jail  in  the  county  in  which  the  conviction  shall  be  had 
not  less  than  ten  days,  or  be  punished  by  both  such  fine  and 
imprisonment.  All  moneys  so  collected  shall  be  paid  into  the 
General  Fund  of  the  county  in  which  the  conviction  is  had. 
It  shall  be  no  defense  to  a  prosecution  under  this  section,  or 
for  the  violation  of  any  provision  of  the  law  for  the  protection 
or  preservation  of  fish  or  game,  that  the  fish  or  game  was  caught 
or  killed  outside  of  this  State. 

Sec  16.  A  new  section  is  hereby  added  to  said  Penal  Code, 
to  be  numbered  section  six  hundred  and  twenty-eight,  to  read 
as  follows: 

628.  Every  person  who  takes  or  catches,  buys,  sells,  or  has 
in  his  possession  any  striped  bass  of  less  than  three  pounds  in 
weight,  is  guilty  of  a  misdemeanor.  Every  person  who,  at  any 
time,  buys,  sells,  offers  or  exposes  for  sale,  or  has  in  his  posses- 
sion any  sturgeon  less  than  three  feet  in  length  is  guilty  of  a 
misdemeanor.  Every  person  who,  at  any  time  between  the  first 
day  of  April  and  the  first  day  of  September  of  each  year,  takes 
or  catches,  buys,  sells,  or  has  in  his  possession  any  fresh  stur- 
geon is  guilty  of  a  misdemeanor.  Any  person  found  guilty  of 
a  violation  of  any  of  the  provisions  of  this  section  shall  be 
fined  in  a  sum  not  less  than  fifty  dollars  or  be  imprisoned  in 
the  county  jail  in  the  county  in  which  the  conviction  shall  be 
had  not  less  than  fifty  days,  or  be  punished  by  both  such  fine 
and  imprisonment.  It  shall  be  no  defense  in  the  prosecution 
for  a  violation  of  the  provisions  of  this  section  that  the  stur- 
geon sold  or  possessed  were  caught  outside  of  this  State.  Every 
person  who,  between  the  first  day  of  January  and  the  first  day 
of  July,  takes  or  catches,  buys,  sells,  or  has  in  his  possession 
any  black  bass  is  guilty  of  a  misdemeanor. 


—  204  — 

Sec.  17.  A  new  section  is  hereby  added  to  said  Penal  Code, 
to  be  numbered  section  six  hundred  and  twenty-eight  a,  to  read 
as  follows: 

628a.  Every  person  who,  in  the  State  of  California,  shall 
take,  catch,  or  kill,  or  sells,  exposes  or  offers  for  sale,  or  has  in 
his  possession  any  lobster  or  crawfish,  between  the  fifteenth  day 
of  May  and  the  fifteenth  day  of  July  of  each  year,  shall  be 
guilty  of  a  misdemeanor.  Every  person  who,  in  the  State  of 
California,  shall  at  any  time  buy,  sell,  barter,  exchange,  offer, 
expose  for  sale,  or  have  in  his  possession  any  lobster  or  craw- 
fish of  less  than  one  pound  in  weight,  shall  be  guilty  of  a 
misdemeanor.  It  shall  be  no  defense  in  a  prosecution  for  a 
violation  of  the  provisions  of  this  section  that  the  lobsters  or 
crawfish  sold  or  possessed  were  caught  outside  of  this  State. 

Sec.  18.  A  new  section  is  hereby  added  to  said  Penal  Code, 
to  be  numbered  section  six  hundred  and  twenty-nine,  to  read 
as  follows: 

629.  Any  person  or  persons,  corporation  or  corporations, 
owning,  in  whole  or  in  part,  or  leasing,  operating,  or* having 
in  charge,  any  mill  race,  irrigating  ditch,  or  canal,  taking  or 
receiving  its  waters  from  any  river,  creek,  stream,  or  lake  in 
which  fish  have  been  placed  or  may  exist,  shall  put,  or  cause 
to  be  placed  and  maintain  over  the  inlet  of  said  ditch,  canal, 
or  mill  race,  a  wire  screen  of  such  construction  and  fineness, 
strength  and  quality,  as  shall  prevent  any  such  fish  from 
entering  such  ditch,  canal,  or  mill  race,  when  required  to  do  so 
by  the  Fish  Commissioners.  Any  person  or  corporation  violat- 
ing the  provisions  of  this  section,  or  who  shall  neglect  or  refuse 
to  put  up  or  maintain  such  screen,  shall  be  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof  shall  be  punished  by  a  fine 
of  not  less  than  ten  dollars  nor  more  than  one  hundred  dollars, 
and  may  be  imprisoned  at  the  rate  of  two  dollars  per  day  until 
such  fine  be  paid  or  satisfied;  provided,  that  the  continuance 
from  day  to  day  of  the  neglect  or  refusal,  after  notification  in 
writing  by  the  Fish  Commissioners,  shall  constitute  a  separate 
offense. 

Sec  19.  Section  six  hundred  and  thirty-one  of  the  same  Act 
is  hereby  amended  to  read  as  follows: 

631.  Every  person  who  shall,  at  any  time,  net  or  pound, 
cage  or  trap,  any  quail,  partridge,  or  grouse,  and  every  person 
who  shall  sell,  transport,  or  give  away,  or  offer  or  expose  for  sale, 
or  have  in  his  possession  any  quail,  partridge,  or  grouse  that 
has  been  snared,  captured,  or  taken  by  means  of  any  net  or 
pound,  cage  or  trap,  whether  taken  in  the  State  of  California,  or 
shipped  into  the  State  from  any  other  State,  Territory,  or  foreign 
country,  is  guilty  of  a  misdemeanor;  provided,  the  same  may  be 
taken  for  the  purposes  of  propagation,  written  permission  having 
been  first  obtained  from  the  Game  Warden  of  the  county  wherein 
said  birds  are  to  be  taken.  Proof  of  possession  of  any  quail, 
partridge,  or  grouse,  which  shall  not  show  evidence  of  having 
been  taken  by  means  other  than  a  net  or  pound,  shall  be  prima 
facie  evidence  in  any  prosecution  for  violation  of  the  provisions 
of  this  section  that  the  person  in  whose  possession  such  quail, 


—  205  — 

partridge,  or  grouse  is  found,  took,  killed,  or  destroyed  the  same 
by  means  of  net  or  pound. 

Sec.  20.  Section  six  hundred  and  thirty-two  of  the  same  Act 
is  hereby  amended  to  read  as  follows: 

632.  Every  person  who,  in  the  State  of  California,  at  any 
time  takes  or  catches  any  trout,  except  with  hook  and  line,  is 
guilty  of  a  misdemeanor. 

Sec.  21.  A  new  section  is  hereby  added  to  said  Penal  Code, 
to  be  numbered  section  six  hundred  and  thirty-two  a,  to  read 
as  follows: 

632a.  Any  person  who  shall  place,  or  cause  to  be  placed, 
in  any  of  the  waters  of  the  State,  dynamite,  gunpowder,  or 
other  explosive  compound,  for  the  purpose  of  killing  or  taking 
fish,  or  who  shall  at  any  time  take,  procure,  kill,  or  destroy  any 
fish  of  any  kind  by  means  of  explosives,  shall  be  guilty  of  a 
misdemeanor.  Every  person  found  guilty  of  a  violation  of  any 
of  the  provisions  of  this  section  shall  be  fined  in  a  sum  not  less 
than  one  hundred  dollars,  or  be  imprisoned  in  the  county  jail 
in  the  county  in  which  the  conviction  shall  be  had  not  less 
than  one  hundred  days,  or  be  punished  by  both  such  fine  and 
imprisonment. 

Sec  22.  A  new  section  is  hereby  added  to  said  Penal  Code, 
to  be  numbered  six  hundred  and  thirty-two  b,  to  read  as  fol- 
lows: 

6326.  Every  person  who  shall  at  any  time,  except  with 
hook  and  line,  take  or  catch  fish  of  any  kind,  from  any  river 
or  stream  within  the  State  of  California,  upon  which  a  United 
States  fish  hatchery  is  in  operation,  shall  be  guilty  of  a  mis- 
demeanor. 

Sec  23.  Section  six  hundred  and  thirty-three  of  the  same 
Act  is  hereby  amended  to  read  as  follows: 

633.  Every  person  who  takes,  catches,  or  kills,  or  exposes 
for  sale,  or  has  in  his  possession,  any  speckled  trout,  brook  or 
salmon  trout,  or  any  variety  of  trout,  between  the  first  day  of 
November  and  the  first  day  of  April  in  the  following  year,  is 
guilty  of  a  misdemeanor;  provided,  however,  that  steel-head  trout 
may  be  possessed  at  any  time,  when  taken  with  rod  and  line  in 
tide  water.  Every  person  who  buys  or  sells,  or  offers  or  exposes 
for  sale,  within  this  State,  any  kind  of  trout  less  than  six  inches 
in  length,  is  guilty  of  a  misdemeanor. 

Sec  24.  Section  six  hundred  and  thirty-four  of  the  same 
Act  is  hereby  amended  to  read  as  follows  : 

634.  Every  person  who,  between  the  thirty-first  day  of 
August  and  the  first  day  of  November  of  each  year,  takes  or 
catches,  buys,  sells,  offers  or  exposes  for  sale,  or  has  in  his 
possession  any  fresh  salmon,  is  guilty  of  a  misdemeanor. 
Every  person  who  shall  set  or  draw,  or  assist  in  setting  or 
drawing,  any  net  or  seine  for  the  purpose  of  taking  or  catching 
salmon,  shad,  or  striped  bass  in  any  of  the  public  waters  of  this 
State,  at  any  time  between  sunrise  of  each  Saturday  and  sunset 
of  the  following  Sunday,  is  guilty  of  a  misdemeanor.  Every 
person  who  shall,  for  the  purpose  of  catching  shad,  salmon,  or 
striped  bass  in  any  of  the  public  waters  of  this  State,  fish  with 


—  206  — 

or  use  any  seine  or  net,  drag  net  or  paranzella,  the  meshes  of 
which  are,  when  drawn  closely  together  and  measured  inside 
the  knot,  less  than  seven  and  one  half  inches  in  length,  is 
guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  fined  not 
less  than  one  hundred  dollars,  or  in  default,  not  less  than  one 
hundred  days  in  the  county  jail.  All  moneys  collected  for  fines 
for  the  violation  of  any  of  the  provisions  of  this  chapter  shall 
be  paid  into  the  General  Fund  of  the  county  in  which  the  con- 
viction is  had. 

Sec.  25.  Section  six  hundred  and  thirty-five  of  the  same 
Act  is  hereby  amended  to  read  as  follows  : 

635.  Every  person  who  places  or  allows  to  pass  into  any 
of  the  waters  of  this  State  any  lime,  gas,  tar,  cocculus  indicus, 
sawdust,  shavings,  slabs,  edgings,  mill  or  factory  refuse,  or  any 
substance  deleterious  to  fish,  is  guilty  of  a  misdemeanor. 
Every  person  who  shall  catch,  take,  or  carry  away  any  trout 
or  other  fish  from  any  stream,  pond,  or  reservoir,  belonging  to 
any  person  or  corporation,  without  the  consent  of  the  owner 
thereof,  which  stream,  pond,  or  reservoir  has  been  stocked  with 
fish  by  hatching  therein  eggs  or  spawn,  or  by  placing  the  same 
therein,  is  guilty  of  a  misdemeanor.  Any  person  found  guilty 
of  a  violation  of  any  of  the  provisions  of  this  section  shall  be 
fined  in  a  sum  not  less  than  one  hundred  dollars,  or  be  impris- 
oned in  the  county  jail  in  the  county  in  which  the  conviction 
shall  be  had  not  less  than  fifty  days,  or  be  punished  by  both 
such  fine  and  imprisonment. 

Sec.  26.  Section  six  hundred  and  thirty-six  of  the  same  Act 
is  hereby  amended  to  read  as  follows: 

636.  Every  person  who  shall  set,  use,  or  continue,  or  who 
shall  assist  in  setting,  using,  or  continuing  any  pound,  weir, 
set-net,  trap,  or  any  other  fixed  or  permanent  contrivance 
for  catching  fish  in  the  waters  of  this  State,  is  guilty  of  a  mis- 
demeanor. Any  net  shall  be  considered  a  set-net  when  fastened 
in  any  way  to  a  fixed  or  stationary  object.  Every  person  who 
shall  cast,  extend,  or  set  any  seine  or  net  of  any  kind,  for  the 
catching  of  fish  in  any  river,  stream,  or  slough  of  this  State, 
which  shall  extend  more  than  one  third  across  the  width  of 
said  river,  stream,  or  slough,  at  the  time  and  place  of  such 
fishing,  is  guilty  of  a  misdemeanor.  Every  person  who  shall 
cast,  extend,  set,  use,  or  continue,  or  who  shall  assist  in  casting, 
extending,  using,  or  continuing  "  Chinese  shrimp  or  bag-nets," 
or  nets  of  similar  character,  for  the  catching  of  fish  in  the 
waters  of  this  State,  is  guilty  of  a  misdemeanor.  Every  person 
who  shall  cast,  extend,  set,  use,  or  continue,  or  have  in  his 
possession,  or  who  shall  assist  in  casting,  extending,  using,  or 
continuing  "  Chinese  sturgeon  lines,"  or  lines  of  similar  char- 
acter, is  guilty  of  a  misdemeanor.  Every  person  who,  by  seine 
or  other  means,  shall  catch  the  young  fish  of  any  species,  and 
who  shall  not  return  the  same  to  the  water  immediately  and 
alive,  or  who  shall  sell  or  offer  for  sale  any  such  fish,  fresh  or 
dried,  is  guilty  of  a  misdemeanor.  Any  person  found  guilty  of 
a  violation  of  any  of  the  provisions  of  this  section  shall  be  fined 
in  a  sum  not  less  than  one  hundred  dollars,  or  be  imprisoned 


—  207  — 

in  the  county  jail  in  the  county  in  which  the  conviction  shall 
be  had  not  less  than  one  hundred  days,  or  be  punished  by  both 
such  fine  and  imprisonment.  Nothing  in  this  chapter  shall 
prohibit  the  United  States  Fish  Commissioners,  or  the  Fish 
Commissioners  of  the  State,  from  taking  such  fish  as  they  deem 
necessary  for  the  purpose  of  artificial  hatching  at  all  times. 

Sec.  27.  All  Acts  and  parts  of  Acts  in  conflict  with  the 
provisions  of  this  Act  are  hereby  repealed. 

Sec.  28.  This  Act  shall  take  effect  from  and  after  its  pas- 
sage. 


CHAPTER  CCIII. 

An  Act  to  create  a  Bureau  of  Highways,  and  prescribe  its  duties 
and  powers,  and  to  make  an  appropriation  for  its  expenses. 

[Approved  March  27,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Within  ten  days  after  the  passage  of  this  Act  the 
Governor  shall  appoint  three  competent  persons  to  compose  a 
Bureau  of  Highways,  who  shall  hold  office  for  two  years  from 
the  date  of  their  qualifying.  The  persons  so  appointed  shall 
be  selected  with  particular  reference  to  their  qualifications  for 
the  duties  devolving  on  them.  They  shall  not  be  actively 
engaged  in  any  other  pursuit  while  serving  as  such  Commis- 
sioners, and  shall  devote  their  entire  time  to  the  services  of  the 
Bureau  of  Highways.  In  case  of  a  vacancy  occurring  on  the 
said  Bureau,  the  Governor  shall,  within  ten  days,  appoint  a 
person  of  proper  qualifications  to  fill  such  vacancy. 

Sec  2.  The  members  of  the  Bureau  of  Highways,  before 
entering  on  the  duties  of  their  office,  must  execute  an  official 
bond  in  the  sum  of  five  thousand  dollars,  and  take  the  oath  of 
office  as  prescribed  in  the  Political  Code  for  the  State  officers  in 
general. 

Sec  3.  Among  the  duties  of  the  Bureau  of  Highways  shall 
be  to  gather  from  each  county  in  the  State  statistics  showing 
the  total  mileage  of  highways,  their  condition  of  improvement, 
the  condition  of  the  titles  to  the  right  of  way,  the  method  of 
obtaining  title  and  of  keeping  the  records  thereof,  the  method 
of  procedure  in  granting,  closing,  and  altering  roads,  and  the 
manner  of  preserving  the  records  of  the  same,  the  manner  in 
which  roads  are  constructed  and  maintained,  the  manner  of 
payment  for  the  construction  and  maintenance  of  roads,  the 
manner  in  which  the  accounts  pertaining  to  the  same  are  kept, 
the  manner  in  which  the  money  for  highway  purposes  is 
raised,  the  amount  expended  in  the  past  ten  years  for  highway 
purposes,  with  the  rate  of  taxation  on  one  hundred  dollars 
that  is  apportioned  to  the  Road  Fund.  It  shall  inquire  into 
the  topographical  and  geological  features  of  each  county,  and 
more  particularly  with  reference  to  the  accessibility  of  water  for 


—  208  — 

road-sprinkling  purposes,  and  stone  quarries,  deposits  of  gravel, 
bituminous  rock,  sand,  adobe,  or  any  other  materials  suitable  for 
road-making  purposes.  It  shall  ascertain  all  laws,  now  in  force 
in  this  State,  appertaining  to  the  highways,  and  shall  segregate 
all  such  as  in  the  judgment  of  the  members  of  the  Bureau 
are  ineffective  or  obsolete  from  such  as  are  effective.  Inquiry 
shall  be  made  into  what  laws  and  methods  are  in  use  in  other 
States  in  regard  to  road  matters,  and  an  abstract  shall  be  made 
of  such  as  are  best  adapted  to  the  State  of  California.  It  shall 
prepare  such  cross-sections  of  roads,  plans  for  draining  or 
watering  of  roads,  and  for  culverts,  small  bridges,  and  road 
appliances  as  may  be  deemed  expedient.  It  shall  prepare 
such  blank  forms  as  may  be  necessary  to  systemize  all  Acts 
pertaining  to  the  highways,  and  shall  furthermore  make  any 
other  inquiries  in  matters  regarding  highway  improvement  as 
will  be  of  interest  or  benefit  to  the  objects  of  the  said  Bureau. 
Information  and  advice  shall  be  furnished  by  the  Bureau  of 
Highways,  on  matters  connected  with  highway  improvement 
and  kindred  subjects,  at  any  and  all  times,  to  all  county  offi- 
cials, or  others  connected  with  the  highways,  who  may  apply 
for  the  same,  and  any  and  all  such  information  and  advice 
shall  be  furnished  free  of  charge.  It  shall  receive  orders  for 
road  material,  to  be  prepared  at  the  State  Prisons,  and  shall 
forward  the  same  to  the  governing  body  of  the  prisons,  and  in 
case  the  orders  exceed  the  rate  of  supply,  shall  make  an  equit- 
able distribution  of  the  product. 

Sec.  4.  One  or  more  members  of  the  Bureau  of  Highways 
shall  visit  each  county  in  the  State  at  least  once  in  each  year, 
and  shall  hold  therein  a  public  meeting,  at  which  there  shall 
be  an  open  discussion  of  all  matters  relating  to  highways  or 
highway  improvement. 

Sec.  5.  The  Bureau  of  Highways  shall  have  power  to  call 
on  the  Clerk  of  the  Board  of  Supervisors,  Surveyor,  Auditor, 
•or  any  other  official,  for  such  assistance  as  may  be  necessary  for 
gathering  the  information  it  may  desire.  It  may  take  testi- 
mony of  any  persons  deemed  necessary,  in  relation  to  matters 
pertaining  to  highways,  and  shall,  in  doing  so,  follow  the 
methods  set  forth  in  an  Act  entitled  "An  Act  creating  a  Board 
of  Bank  Commissioners." 

Sec  6.  The  members  of  the  Bureau  of  Highways  shall  each 
receive  a  salary  of  three  thousand  dollars  per  annum,  which 
shall  be  audited  by  the  State  Controller,  and  paid  by  the  State 
Treasurer,  in  the  same  manner  as  are  salaries  of  other  State 
officials. 

Sec  7.  Within  ten  days  after  the  appointment  of  the  mem- 
bers of  the  Bureau  of  Highways,  they  shall  assemble  at  the 
office  of  the  Surveyor-General  at  the  State  Capitol,  in  the  city 
of  Sacramento,  and  shall  be  called  to  order  by  that  official, 
and  shall  forthwith  elect  a  Chairman  from  among  their  num- 
ber, who  shall  preside  at  all  the  meetings  of  said  Bureau  of 
Highways,  and  exercise  the  duties  usually  devolving  upon  a 
presiding  officer. 


—  209  — 

j.  8.  The  office  of  the  Bureau  of  Highways  shall  be 
located  in  the  State  Capitol  building,  in  the  city  of  Sacramento. 
The  Secretary  of  State  is  hereby  directed  to  provide  said  Bureau 
of  Highways  with  a  room  suitably  furnished  for  that  purpose. 
The  office  before  named  shall  be  the  office  of  the  Bureau  of 
Highways,  but  the  members  thereof  shall  visit  such  portions  of 
the  State  and  at  such  times  as  they  may  deem  advisable  or 
the  duties  devolving  on  them  may  require. 

Sec.  9.  The  Bureau  of  Highways  shall  have  the  power  to 
employ  such  clerical,  expert,  or  other  assistance  as  may  be 
necessary  for  the  purpose  of  conducting  the  affairs  of  its  office, 
subject  to  the  approval  of  the  State  Board  of  Examiners.  The 
members  of  the  Bureau  of  Highways,  or  any  employe*  thereof, 
shall  be  allowed  their  actually  necessary  traveling  expenses 
when  in  the  discharge  of  their  duty.  The  Bureau  of  Highways 
shall  be  allowed  all  necessary  supplies  and  conveniences  for 
the  purpose  of  conducting  the  affairs  of  its  office.  All  claims 
against  the  State,  contracted  by  the  Bureau  of  Highways,  shall, 
before  payment,  be  examined,  audited,  and  approved  by  the 
Board  of  Examiners. 

Sec.  10.  The  Bureau  of  Highways  shall  have  a  seal,  which 
shall  be  affixed  to  all  necessary  papers  and  documents  in  the 
usual  manner.  It  shall  also  cause  to  be  kept  proper  books,  as 
records  of  all  acts  done  by  it  under  the  provisions  of  this  Act. 

Sec  11.  It  shall  be  the  duty  of  the  State  Mineralogist  to 
furnish  the  Bureau  of  Highways  such  data  and  information  as 
it  may  call  for. 

Sec  12.  It  shall  be  the  duty  of  the  Attorney-General  to 
advise  the  Bureau  of  Highways  on  all  legal  matters,  when 
requested  to  do  so. 

Sec  13.  It  shall  be  the  duty  of  the  Bureau  of  Highways  to 
prepare  a  report,  which  shall  be  submitted  to  the  Governor,  in 
the  manner  and  at  the  time  prescribed  by  law  for  the  submis- 
sion of  such  reports.  Said  report  shall  embrace  the  work  and 
investigation  of  the  Bureau  for  the  previous  two  years,  with 
recommendations  that  will  be  useful  in  framing  a  practicable 
road  law,  together  with  such  information  as  will  be  useful  in 
the  improvement  of  the  highways.  There  shall  also  be  pub- 
lished from  time  to  time,  as  may  be  deemed  advisable  by 
the  Bureau,  bulletins  containing  useful  recommendations  and 
instructions  regarding  highway  construction,  maintenance,  and 
kindred  subjects. 

Sec.  14.  It  shall  be  the  duty  of  the  State  Printer,  upon 
proper  order  from  the  Board  of  Examiners,  to  print  the  report 
of  the  Bureau  of  Highways,  together  with  such  bulletins  as  it 
may  desire  to  publish,  and  the  distribution  shall  be  made 
under  proper  order  from  the  Board  of  Examiners. 

Sec  15.  The  Bureau  of  Highways  shall,  upon  the  expira- 
tion of  its  existence,  which  shall  be  two  years  after  its  organi- 
zation, deliver  to  the  State  Controller,  all  property,  books, 
reports,  and  papers  of  every  description  pertaining  to  its  office. 

Sec  16.     The  sum  of  thirty-one  thousand  dollars  is  hereby 
appropriated  out  of  any  money  in  the  General  Fund  of  the 
14 


—  210  — 

State  Treasury  not  otherwise  appropriated,  to  pay  the  expenses 
of  the  said  Bureau,  and  the  State  Controller  is  hereby  directed 
to  draw  his  warrant  for  the  same  from  time  to  time,  as  neces- 
sary, and  the  State  Treasurer  is  hereby  directed  to  pay  the 
same.  Said  appropriation  shall  cover  all  the  expenses  of  the 
Bureau  of  Highways,  and  in  no  case  shall  an  indebtedness  over 
and  above  the  amount  so  appropriated  be  created  or  allowed. 
One  half  of  the  appropriation  herein  made  shall  be  available 
during  the  forty-seventh  fiscal  year,  and  the  other  half  during 
the  forty-eighth  fiscal  year. 

Sec.  17.  All  Acts  or  parts  of  Acts  in  conflict  with  the  pro- 
visions of  this  Act  are  hereby  repealed. 

Sec  18.  This  Act  shall  take  effect  and  be  in  force  from  and 
after  its  passage  and  approval. 


CHAPTER  CCIV. 

An  Act  to  amend  an  Act  entitled  "An  Act  to  provide  for  the 
organization,  incorporation,  and  government  of  municipal  cor- 
porations" approved  March  IS,  1888,  by  amending  section 
eight  hundred  and  fifty-one  thereof,  relative  to  the  officers  of 
municipal  incorporations  of  the  sixth  class. 

[Approved  March  27,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Section  eight  hundred  and  fifty-one  of  said  Act 
is  hereby  amended  to  read  as  follows: 

Officers: 

Section  851.  The  government  of  such  city  or  town  shall  be 
vested  in  a  Board  of  Trustees,  to  consist  of  five  members;  a 
Clerk,  who  shall  be  ex  officio  Assessor;  a  Treasurer;  a  Marshal, 
who  shall  be  ex  officio  Tax  and  License  Collector;  a  Recorder, 
to  be  appointed  by  the  Board  of  Trustees;  and  such  subordi- 
nate officers  as  are  hereinafter  provided  for. 

This  Act  shall  take  effect  from  and  after  its  passage. 


CHAPTER  CCVI. 

An  Act  authorizing  the  payment  of  salaries  by  Boards  of  Super- 
visors to  persons  who  have  been  employed  to  collect  county 
licenses,  and  legalizing  all  payments  heretofore  made  to  such 

persons. 

[Approved  March  27,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.     That  the  Board  of  Supervisors  of  any  county  in 
which  such  Board  has  appointed  persons  to  collect  the  county 


—  211  — 

license,  are  hereby  empowered  and  directed  to  pay  to  any  per- 
son so  appointed,  and  who  have  actually  performed  services  in 
collecting  such  licenses,  the  amount  agreed  upon  as  compensa- 
tion for  such  services  at  the  time  of  such  appointment;  pro- 
vided, that  no  such  payment  shall  be  made  for  services  rendered 
after  the  passage  of  this  Act. 

Sec.  2.  All  acts  of  such  Board  in  making  such  appointment 
and  payment  made  by  them  for  services  heretofore  rendered  in 
the  collection  of  such  licenses,  are  hereby  approved  and  legal- 
ized. 

Sec.  3.  This  Act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 


CHAPTER  CCVIL 

An  Act  to  establish  the  fees  of  county,  township,  and  other  officers, 
and  of  jurors  and  witnesses,  in  this  State. 

[Approved  March  28,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  The  following  county,  township,  and  other  officers 
shall  charge  and  collect  the  following  fees: 

COUNTY   CLERK. 

On  the  commencement  of  any  action  or  proceeding  in  the 
Superior  Court,  except  probate  proceedings,  or  on  an  appeal 
thereto,  to  be  paid  by  the  party  commencing  such  action  or 
proceeding,  or  taking  such  appeal,  five  dollars. 

On  the  filing  of  a  petition  for  letters  of  administration,  testa- 
mentary, or  guardianship,  five  dollars,  to  be  paid  by  the  peti- 
tioner; provided,  that  at  the  time  of  filing  the  inventory  and 
appraisement  in  any  such  proceeding  there  shall  be  an  addi- 
tional deposit  of  one  dollar  for  each  additional  thousand  dollars 
of  the  appraised  valuation,  in  excess  of  three  thousand  dollars. 

On  filing  the  petition  to  contest  any  will  or  codicil,  three 
dollars. 

On  the  appearance  of  any  defendant,  or  any  number  of  de- 
fendants answering  jointly,  to  be  paid  upon  filing  the  first  paper 
in  the  action  by  him  or  them,  two  dollars. 

On  placing  any  action,  excepting  a  probate  proceeding  or 
default  case,  on  the  calendar  for  trial  or  hearing,  to  be  paid  by 
the  party  at  whose  request  such  action  or  proceeding  is  so 
placed,  two  dollars. 

For  every  additional  defendant  appearing  separately,  one 
dollar. 

The  foregoing  fees  shall  be  in  full  for  all  services  rendered  by 
such  Clerk  in  the  cause,  to  and  including  the  making  up  of  the 
judgment  roll. 

On  the  filing  of  any  notice  of  motion  to  move  for  a  new  trial 


—  212  — 

of  any  civil  action  or  proceeding,  the  party  filing  same  shall 
pay  to  the  Clerk,  in  full  for  all  services  to  be  rendered  in  con- 
nection with  said  motion,  except  as  hereinafter  in  this  section 
provided,  two  dollars. 

For  issuing  an  execution  or  order  of  sale  in  any  action,  one 
dollar. 

In  all  proceedings  begun  or  acts  performed  prior  to  this  Act 
becoming  a  law,  such  fees  and  charges  as  were  provided  by  law 
at  the  time  such  proceedings  were  begun  or  acts  performed. 

The  Clerk  shall  also  charge  and  collect  the  following  fees  and 
compensation  not  above  provided  for: 

For  any  copy  of  any  record,  proceeding,  or  paper  on  file  in 
the  office  of  the  Clerk  relating  to  any  civil  action  pending  in 
said  Court,  when  such  copy  is  made  by  him,  per  folio,  ten  cents. 

For  each  certificate  of  the  Clerk,  under  the  seal  of  the  Court, 
twenty-five  cents. 

For  filing  each  claim  in  probate  or  insolvency  proceedings, 
fifteen  cents. 

No  fees  shall  be  allowed  or  charged  by  the  Clerk  for  services 
rendered  in  any  criminal  case. 

For  services  rendered  by  the  Clerk,  not  in  connection  with 
civil  actions  or  proceedings  in  Court,  he  shall  charge  and  col- 
lect, for  the  benefit  of  the  county,  the  following  fees: 

For  issuing  marriage  license,  one  half  to  be  paid  to  the  County 
Recorder,  two  dollars. 

For  filing  and  indexing  articles  of  incorporation,  one  dollar. 

For  filing  and  indexing  certificates  of  co-partnership,  one 
dollar. 

For  filing  and  indexing  all  papers  to  be  kept  by  him,  other 
than  papers  filed  in  actions  or  proceedings  in  Court,  and  official 
bonds  and  certificates  of  appointment,  each,  twenty-five  cents. 

For  issuing  any  license  required  by  law,  other  than  marriage 
licenses,  one  dollar. 

For  examining  and  certifying  to  a  copy  of  any  paper,  record, 
or  proceeding  prepared  by  another,  and  presented  for  his  cer- 
tificate, fifty  cents,  and  one  cent  per  folio  for  comparing  the 
said  copy  with  the  original. 

For  making  satisfaction  of  or  credit  on  judgment,  twenty-five 
cents. 

For  receiving  and  filing  remittitur  from  Supreme  Court,  fifty 
cents. 

For  administering  each  oath,  without  certificate,  except  in  a 
pending  action  or  proceeding,  ten  cents. 

For  taking  any  affidavit,  except  in  criminal  cases,  twenty- 
five  cents. 

For  taking  and  approving  each  undertaking,  and  the  justifica- 
tion thereof,  except  in  criminal  cases,  fifty  cents. 

For  searching  records  or  files,  for  each  year,  fifty  cents. 

For  taking  acknowledgment  of  any  deed  or  other  instrument, 
including  the  certificate,  fifty  cents. 

For  filing  notices  of  appeal  and  appeal  bonds,  each,  twenty- 
five  cents. 


—  213  — 

SHERIFF. 

For  serving  any  process,  writ,  order,  or  paper,  except  as 
hereinafter  provided,  required  by  law  to  be  served  by  the  Sheriff, 
fifty  cents. 

For  serving  a  writ  of  attachment,  execution,  or  order  for  the 
delivery  of  personal  property,  one  dollar. 

For  taking  any  bond  or  undertaking,  fifty  cents. 

For  serving  an  attachment  or  execution  on  any  ship,  boat, 
or  vessel,  three  dollars. 

For  keeping  and  caring  for  property  under  attachment  or 
execution,  such  sum  as  the  Court  may  fix;  provided,  that  no 
greater  sum  than  two  dollars  per  day  shall  be  allowed  to  a 
keeper  when  necessarily  employed. 

For  a  copy  of  any  writ,  process,  or  paper  actually  made  by 
him,  when  required  or  demanded  according  to  law,  per  folio, 
ten  cents;  provided,  that  when  correct  copies  are  furnished  to 
him  for  use,  no  charge  shall  be  made  for  such  copies. 

For  advertising  sale  of  property  and  posting  notice,  exclusive 
of  cost  of  publication,  or  furnishing  notice  for  publication,  each, 
fifty  cents. 

For  publication  of  notice  in  newspaper,  the  reasonable  cost 
of  publication,  subject  to  the  approval  of  the  Court. 

For  serving  writ  of  possession  or  restitution,  putting  a  person 
in  possession  of  the  premises,  and  removing  the  occupant,  one 
dollar  and  fifty  cents. 

For  subpoenaing  witness,  including  copy  of  subpoena,  each, 
twenty-five  cents. 

For  summoning  trial  jury  of  twelve  or  less,  two  dollars;  for 
each  additional  juror,  ten  cents. 

For  traveling  in  the  service  of  any  paper  required  by  law  to 
be  served,  for  each  mile  actually  and  necessarily  traveled,  one 
way  only,  fifteen  cents,  when  such  travel  can  be  made  by  rail; 
in  other  cases,  twenty-five  cents.  No  constructive  mileage  to 
be  allowed. 

For  collecting  money  on  execution,  with  or  without  levy,  one 
per  cent  on  the  first  thousand  dollars  or  less,  and  one  half  of 
one  per  cent  on  all  sums  over  one  thousand  dollars. 

For  executing  and  delivering  Sheriff's  deed,  one  dollar  and 
fifty  cents. 

For  executing  and  delivering  certificate  of  sale,  fifty  cents. 

For  transporting  prisoners  to  the  county  jail,  the  actual  cost 
of  such  transportation. 

For  executing  and  delivering  any  other  instrument,  ten  cents 
per  folio. 

RECORDER. 

For  recording  every  instrument,  paper,  or  notice  required  by 
law  to  be  recorded,  per  folio,  ten  cents. 

For  indexing  every  instrument,  paper,  or  notice,  for  each 
name,  ten  cents. 

For  filing  every  instrument  for  record,  and  making  the  neces- 
sary entries  thereon,  twenty  cents. 


—  214  — 

For  each  certificate  under  seal,  twenty-five  cents. 

For  every  entry  of  discharge,  credit,  or  release  on  the  margin 
of  record,  and  indexing  same,  twenty-five  cents. 

For  searching  the  records  of  his  office,  for  each  year,  fifty 
cents. 

For  abstract  of  title,  for  each  conveyance  or  incumbrance, 
twenty-five  cents. 

For  recording  each  map  or  plat  where  the  same  is  copied 
in  a  book  of  record,  for  each  course,  ten  cents. 

For  recording  each  map  or  plat  where  the  same  is  not  copied 
in  a  book  of  record,  fifty  cents. 

For  figures  or  letters  on  maps  or  plats,  per  folio,  ten  cents; 
provided,  that  the  fees  for  recording  any  map  shall  not  exceed 
fifty  dollars. 

For  taking  acknowledgment  of  any  instrument,  fifty  cents. 

For  recording  marriage  license  and  certificate,  to  be  paid  by 
the  County  Clerk,  one  dollar. 

For  recording  transcript  and  all  services  in  estray  cases,  one 
dollar. 

For  recording  each  mark  or  brand,  fifty  cents. 

For  administering  each  oath  or  affirmation,  and  certifying 
the  same,  twenty-five  cents. 

For  filing,  indexing,  and  keeping  each  paper  not  .required  by 
law  to  be  recorded,  twenty-five  cents. 

The  Clerk,  Sheriff,  and  Recorder  shall  account  for  all  fees  in 
this  section  provided  for,  and  the  Clerk,  Sheriff,  and  Recorder, 
unless  otherwise  provided  by  law,  shall  pay  the  same  to  the 
County  Treasurer  on  the  first  Monday  of  the  month  following 
their  collection,  as  provided  in  this  Act. 

CONSTABLES    AND    MARSHALS. 

For  serving  summons  and  complaint,  for  each  defendant 
served,  fifty  cents. 

For  each  copy  of  summons  for  service,  when  made  by  him, 
twenty-five  cents. 

For  levying  writ  of  attachment  or  execution,  or  executing 
order  of  arrest  or  for  the  delivery  of  personal  property,  one 
dollar. 

For  serving  writ  of  attachment  or  execution  on  any  ship, 
boat,  or  vessel,  three  dollars. 

For  keeping  personal  property,  such  sum  as  the  Court  may 
order;  but  no  more  than  two  dollars  per  day  shall  be  allowed 
for  a  keeper  when  necessarily  employed. 

For  taking  bond  or  undertaking,  fifty  cents. 

For  copies  of  writs  and  other  papers,  except  summons,  com- 
plaint, and  subpoenas,  per  folio,  ten  cents;  provided,  that  when 
correct  copies  are  furnished  him  for  use,  no  charge  shall  be 
made  for  such  copies. 

For  serving  any  writ,  notice,  or  order,  except  summons,  com- 
plaint, or  subpoenas,  for  each  person  served,  fifty  cents. 

For  writing  and  posting  each  notice  of  sale  of  property, 
twenty -five  cents. 


—  215  — 

For  furnishing  notice  for  publication,  twenty-five  cents. 

For  serving  subpoenas,  each  witness,  including  copy,  twenty- 
five  cents. 

For  collecting  money  on  execution,  one  and  one  half  per  cent. 

For  executing  and  delivering  certificate  of  sale,  fifty  cents. 

For  executing  and  delivering  Constable's  deed,  one  dollar  and 
fifty  cents. 

For  each  mile  actually  traveled  within  his  township  in  the 
service  of  any  writ,  order,  or  paper,  except  a  warrant  of  arrest, 
in  going  only,  per  mile,  twenty-five  cents. 

For  traveling  outside  of  his  township  to  serve  such  writ,  order, 
or  paper,  in  going  only,  fifteen  cents;  provided,  that  a  Constable 
shall  not  be  required  to  travel  outside  of  his  township  to  serve 
any  civil  process,  order,  or  paper.  No  constructive  mileage 
allowed. 

For  each  mile  necessarily  traveled  within  his  county  in 
executing  a  warrant  of  arrest,  both  in  going  and  returning  from 
place  of  arrest,  fifteen  cents. 

For  each  mile  traveled  out  of  his  county,  both  going  and 
returning  from  place  of  arrest,  five  cents;  provided,  that  no  mile- 
age shall  be  charged  for  a  warrant  of  arrest  or  criminal  process 
served  outside  of  his  township,  except  such  service  be  approved 
in  writing  by  the  District  Attorney  of  the  county;  and  provided 
further,  that  for  traveling  in  the  performance  of  two  or  more 
official  services  at  the  same  time,  including  the  service  of  civil 
process  or  criminal  warrants,  or  transportation  of  persons 
charged  or  convicted  of  a  criminal  offense,  but  one  mileage 
shall  be  charged;  provided,  that  in  criminal  cases  he  shall  not 
receive  more  than  one  hundred  dollars  in  any  one  month,  and 
not  more  than  one  thousand  dollars  in  any  one  year. 

For  executing  a  search  warrant,  such  fees  and  mileage  as  may 
be  allowed  for  executing  warrant  of  arrest. 

For  arresting  prisoner  and  bringing  him  into  Court,  one  dollar. 

For  summoning  a  jury,  two  dollars,  including  mileage. 

For  transporting  prisoners  to  the  county  jail,  the  actual  cost 
of  such  transportation. 

Provided,  that  the  Board  of  Supervisors  may  reject  all  bills 
presented  to  the  county  by  Justices  of  the  Peace  and  Con- 
stables for  fees  in  criminal  cases  in  all  cases  of  proceedings 
in  which  the  District  Attorney  has  not,  in  writing,  approved 
the  issuance  of  the  warrant  of  arrest. 

County  officers  must,  and  township  officers  may,  demand  the 
payment  of  all  fees  in  civil  cases,  in  advance. 

JUSTICES   OF   THE    PEA.CE. 

Justices  of  the  Peace  may,  for  their  own  use,  collect  the  fol- 
lowing fees,  and  no  others: 

Each  Justice  of  the  Peace  shall  be  allowed,  in  a  civil  action 
before  him,  for  all  services  to  be  performed  by  him  before  trial, 
two  dollars;  and  for  the  trial  and  all  proceedings  subsequent 
thereto,  including  all  affidavits,  swearing  witnesses  and  jury, 
and  the  entry  of  judgment  and  issue  of  execution  thereon,  three 


—  216  — 

dollars;  and  in  all  cases  where  judgment  is  rendered  by  default 
or  confession,  for  all  services,  including  execution  and  satis- 
faction of  judgment,  two  dollars. 

For  all  services  in  a  criminal  action  or  proceeding,  whether 
on  examination  or  trial,  three  dollars;  provided,  however,  that 
no  more  than  the  sum  of  seventy-five  dollars  in  any  one  month 
shall  be  allowed  out  of  the  County  Treasury,  in  misdemeanor 
cases,  to  any  one  Justice. 

For  taking  bail  after  commitment  by  another  magistrate, 
fifty  cents. 

For  certificate  and  transmitting  transcript  and  papers  on 
appeal,  one  dollar. 

For  copies  of  papers  on  docket,  per  folio,  ten  cents. 

For  issuing  a  search  warrant,  to  be  paid  by  the  party  demand- 
ing the  same,  fifty  cents. 

For  celebrating  a  marriage,  and  returning  a  certificate 
thereof  to  the  County  Recorder,  three  dollars. 

For  taking  an  acknowledgment  of  any  instrument,  for  the  first 
name,  fifty  cents;  for  each  additional  name,  twenty-five  cents. 

For  taking  depositions,  per  folio,  fifteen  cents. 

For  administering  an  oath,  and  certifying  the  same,  twenty- 
five  cents. 

For  issuing  a  commission  to  take  testimony,  fifty  cents. 

For  all  services  connected  with  the  posting  of  estrays,  one 
dollar. 

In  cases  before  the  Justice  of  the  Peace,  when  the  venue 
shall  be  changed,  the  Justice  before  whom  the  action  shall  be 
brought,  for  all  services  rendered,  including  the  making  up  and 
transmission  of  the  transcript  and  papers,  shall  receive  one 
dollar;  and  the  Justice  before  whom  the  trial  shall  take  place 
shall  receive  the  same  fees  as  if  the  action  had  been  commenced 
before  him. 

For  performing  the  duties  of  Coroner,  when  the  Coroner 
fails  to  act,  the  same  fees  and  mileage  as  are  allowed  the  Coroner 
in  like  cases. 

For  issuing  each  process,  writ,  order,  or  paper  required  by 
law  to  be  issued  not  otherwise  herein  provided  for,  twenty-five 
cents. 

For  administering  oath  or  affirmation  not  otherwise  herein 
provided  for,  ten  cents. 

For  each  certificate  or  affidavit  not  otherwise  herein  pro- 
vided for,  twenty-five  cents. 

For  taking  and  approving  bond  or  undertaking,  including 
the  justification  of  sureties,  fifty  cents. 

19.  Juror s'  and  witness'  fees  shall  be  as  follows: 


JURORS7   FEES. 

For  attending  as  a  grand  juror  or  juror  in  the  Superior 
Court,  for  each  day's  attendance,  per  day,  two  dollars. 

For  attending  Justice's  Court,  for  each  juror  sworn  to  try  the 
cause,  per  day,  in  civil  cases  only,  two  dollars. 


—  217  — 

For  each  mile  actually  traveled  in  attending  Court  as  a  juror, 
except  in  criminal  cases  in  Justice's  Court,  for  which  no  allow- 
ance shall  be  made,  in  going  only,  per  mile,  fifteen  cents. 

WITNESS*   FEES. 

For  each  day's  actual  attendance,  when  legally  required  to 
attend  upon  the  Superior  Court,  per  day,  two  dollars  in  civil 
cases,  and  one  dollar  and  fifty  cents  in  criminal  cases. 

Mileage  actually  traveled,  one  way  only,  per  mile,  ten  cents; 
provided,  however,  that  in  criminal  cases,  such  per  diem  and 
mileage  shall  only  be  allowed  upon  a  showing  to  the  Court,  by 
the  witness,  that  the  same  are  necessary  for  the  expenses  of  the 
witness  in  attending,  and  the  Court  shall  determine  the  neces- 
sity for  the  same,  and  may  disallow  any  fees  to  a  witness 
unnecessarily  subpoenaed. 

For  each  day's  attendance  upon  Justice  Court,  in  civil  cases 
only,  when  legally  required  to  attend,  per  day,  one  dollar. 

For  each  mile  actually  traveled,  in  civil  cases  only,  in  Jus- 
tice's Court,  in  going  only,  ten  cents. 

Witnesses  in  civil  cases  may  demand  the  payment  of  their 
mileage  and  fees  for  one  day  in  advance,  and  when  so  demanded 
shall  not  be  compelled  to  attend  until  the  same  shall  have 
been  paid. 

CORONER. 

Coroners  may,  for  their  own  use,  collect  the  following  fees, 
and  no  others: 

For  general  services  in  holding  an  inquest,  ten  dollars. 

For  each  witness  subpoenaed,  twenty-five  cents. 

For  each  mile  necessarily  traveled  in  going  to  the  place  of 
the  inquest,  twenty-five  cents. 

For  directing  or  attending  the  interment  of  each  body  upon 
which  an  inquest  has  been  held,  two  dollars;  which  fees  shall 
be  all  that  he  shall  be  entitled  to  charge. 

When  acting  as  or  in  the  place  of  the  Sheriff,  the  same  fees 
as  are  allowed  the  Sheriff  for  like  services. 

PUBLIC  ADMINISTRATOR. 

The  Public  Administrator  shall  charge  and  collect  such  fees 
as  are  now  or  may  hereafter  be  allowed  by  law. 

COUNTY    SURVEYOR. 

The  County  Surveyor  shall  charge  and  collect  such  fees  as 
are  now  or  may  hereafter  be  allowed  by  law. 

Sec.  2.  No  fees  or  other  compensation  shall  be  paid  for  cer- 
tificate of  declaration  to  become  a  citizen  of  the  United  States. 
and  for  making  a  record  thereof,  or  for  issuing  a  certificate  of 
citizenship  to  become  a  citizen  of  the  United  States,  or  for 
making  a  record  thereof;  and  no  fees  or  other  compensation 
shall  be  paid  for  filing  the  statement  and  affidavit  of  a  com- 


—  218  — 

mittee  or  candidate  voted  for  at  any  public  election  held  within 
the  State;  and  this  section  shall  apply  to  all  the  counties  in 
this  State. 

Sec.  3.  All  Acts  or  portions  of  Acts  inconsistent  herewith 
are  hereby  repealed. 

Sec.  4.     This  Act  shall  take  effect  immediately. 


CHAPTER  CCVIII. 

An  Act  providing  for  the  erection  and  operation  of  rock-crushing 
plants  at  the  State  Prisons,  for  the  preparation  of  highway 
material  for  the  benefit  of  the  people  of  the  State,  and  providing 
for  the  necessary  advances  and  appropriation  of  money  to 
carry  out  said  work. 

[Approved  March  28,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  The  Governor  of  the  State,  the  State  Prison 
Directors,  and  the  Bureau  of  Highways  (or  if  the  latter  shall 
not  be  established,  then  and  in  that  case  the  two  first  named) 
shall,  when  satisfied  that  fifty  thousand  cubic  yards  of  prepared 
road  or  highway  metal,  as  hereinafter  described,  will  be  taken 
for  highway  purposes,  purchase,  establish,  and  operate  at  one 
or  both  of  the  State  Prisons,  a  rock  or  stone  crushing  plant,  to 
be  operated  by  convict  labor  and  by  the  application  of  power 
under  control  of  the  State  Prison  Directors,  and  with  such  free 
labor  as  is  necessary  for  superintendence  and  direction,  to  crush 
rock  or  stone  into  road  metal  for  highway  purposes,  of  different 
and  necessary  degrees  of  fineness;  provided,  that  the  authority 
and  direction  hereby  and  herein  conferred  and  given,  shall  not 
be  exercised  or  employed  until  the  Governor  and  the  State 
Prison  Directors  are  satisfied  that  transportation  can  be  had 
for  such  highway  metal  for  highway  purposes  at  just  and 
reasonable  rates,  and  so  as  to  justify  the  setting  up  and  opera- 
tion herein  provided  for  of  said  plant. 

Sec  2.  When  such  plant  described  in  section  one  is  set  up 
and  operated  there  shall  be  taken  into  account  in  ascertaining 
the  cost  of  producing  highway  metal  therefrom,  only  the  cost 
of  necessary  explosives,  oil,  fuel,  tools,  and  machinery  exclusive 
of  the  plant  itself,  repairs,  superintendence,  and  direction,  and 
the  preparation  and  maintenance  of  beds,  boxes,  crates,  or 
other  unloading  devices  for  carriage  and  delivery  from  cars  of 
said  highway  metal. 

Sec.  3.  To  said  cost  of  production  so  ascertained,  as  set  out 
in  section  two,  there  shall  be  added  for  and  to  each  and  every 
cubic  yard  of  highway  metal  so  produced,  ten  per  cent,  and  the 
result  or  product  of  such  addition  shall  be  the  sale  price  of  such 
metal  delivered  from  the  plant  free  on  board  of  the  cars  or  other 
vehicles  of  transportation. 


—  219  — 

Sec.  4.  Said  ten  per  cent  shall,  as  realized,  and  not  less 
frequently  than  semi-annually,  be  paid  into  the  State  Treasury, 
until  there  shall  have  been  paid  in  the  full  sum  of  twenty-five 
thousand  dollars,  and  thereafter  said  percentage  shall  be 
reduced  to  five  per  cent,  and  the  same,  as  realized,  shall  be 
paid  into  the  fund  for  the  support  of  the  State  Prisons. 

Sec.  5.  The  State  Prison  Directors  are  hereby  authorized  to 
lease  railroad  cars  with  equipment  suitable  for  the  rapid  and 
economical  handling  and  delivery  of  highway  material  prepared 
as  aforesaid,  whenever  in  their  judgment  the  interests  of  the 
people  of  the  State  will  be  conserved  thereby  in  the  matter  of 
highway  construction  by  the  use  of  such  highway  metal  so  pro- 
duced, as  in  this  Act  provided.  The  cost  of  such  leasing  shall 
in  such  case  be  carried  into  the  cost  of  production  described  in 
section  two. 

Sec  6.  The  sum  of  thirty  thousand  dollars  is  hereby  ad- 
vanced by  the  State,  for  the  purposes  of  this  Act,  and  said  sum 
is  hereby  appropriated  out  of  the  General  Fund  of  the  Treasury, 
subject  to  the  demand  of  the  State  Prison  Directors;  and  the 
State  Controller  shall,  on  presentation  of  such  demand,  in 
writing,  draw  his  warrant  upon  the  Treasurer  for  the  said  sum 
of  money  in  behalf  of  said  State  Prison  Directors,  and  the 
State  Treasurer  shall,  on  presentation  of  such  warrant,  pay  the 
same.  Twenty-five  thousand  dollars  of  said  sum  of  money  so 
advanced  and  appropriated  shall  be  returned  to  the  fund  from 
which  drawn,  as  is  specified  and  directed  in  this  Act. 

Sec.  7.  The  sum  of  five  thousand  dollars  is  hereby  set 
apart  out  of  the  money  so  appropriated  in  the  previous  section, 
to  and  for  the  usage  of  the  State  Prison  Directors,  to  provide 
and  maintain  a  permanent  revolving  fund  for  the  purchase  of 
tools,  machinery,  and  other  material  and  appliances,  exclusive 
of  the  establishment  of  the  plant  described  in  this  Act,  to  be 
used  in  the  process  of  crushing  and  handling  rock  or  stone  at 
the  State  Prisons  for  the  purposes  contemplated  and  set  out  in 
this  Act.  All  money  taken  from  said  revolving  fund  shall  be 
used  exclusively  in  payment  for  such  supplemental  machinery, 
tools,  material,  and  appliances  necessary  to  the  proper  quarry- 
ing, handling,  and  preparing  of  highway  material  at  said  State 
Prisons;  and  so  much  of  the  money  received  for  sale  of  highway 
metal  as  shall  be  necessary  to  that  end  shall  be  returned  to  said 
revolving  fund  as  is  needed  to  keep  the  same  constantly  at 
the  said  figure  of  five  thousand  dollars. 

Sec  8.  All  Acts  or  parts  of  Acts  in  conflict  with  the  pro- 
visions of  this  Act  are  hereby  repealed. 

Sec  9.  This  Act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 


—  220  — 


CHAPTER  CCXIII. 

An  Act  to  amend  the  Penal  Code  by  adding  a  new  section,  to  be 
known  as  section  ten  hundred  and  eighty-nine  of  the  Penal 
Code  of  the  State  of  California,  relating  to  alternate  jurors. 

[Approved  March  28,  1895.] 

The  People  of  the  State  of  California^  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  The  Penal  Code  of  the  State  of  California  is 
hereby  amended  by  adding  a  new  section  thereto,  to  be  known 
as  section  ten  hundred  and  eighty-nine,  to  read  as  follows: 

1089.  Whenever,  in  the  opinion  of  a  Judge  of  a  Superior 
Court  about  to  try  a  defendant  against  whom  has  been  filed  any 
indictment  or  information  for  a  felony,  the  trial  is  likely  to  be 
a  protracted  one,  the  Court  may  cause  an  entry  to  that  effect  to 
be  made  in  the  minutes  of  the  Court,  and  thereupon,  immedi- 
ately after  the  jury  is  impaneled  and  sworn,  the  Court  may 
direct  the  calling  of  one  or  two  additional  jurors,  in  its  discre- 
tion, to  be  known  as  "Alternate  Jurors."  Such  jurors  must  be 
drawn  from  the  same  source,  and  in  the  same  manner,  and  have 
the  same  qualifications  as  the  jurors  already  sworn,  and  be  sub- 
ject to  the  same  examination  and  challenges;  provided,  that  the 
prosecution  shall  be  entitled  to  one,  and  the  defendant  to  two, 
peremptory  challenges  to  such  alternate  jurors.  Such  alternate 
jurors  shall  be  seated  near,  with  equal  power  and  facilities  for 
seeing  and  hearing  the  proceedings  in  the  case,  and  shall  take 
the  same  oath  as  the  jurors  already  selected,  and  must  attend  at 
all  times  upon  the  trial  of  the  cause  in  company  with  the  other 
jurors;  and  for  a  failure  so  to  do  are  liable  to  be  punished  for 
contempt.  They  shall  obey  the  orders  of  and  be  bound  by  the 
admonition  of  the  Court  upon  each  adjournment  of  the  Court; 
but  if  the  regular  jurors  are  ordered  to  be  kept  in  the  custody 
of  the  Sheriff  during  the  trial  of  the  cause,  such  alternate  jurors 
shall  also  be  kept  in  confinement  with  the  other  jurors;  and 
except,  as  hereinafter  provided,  shall  be  discharged  upon  the 
final  submission  of  the  case  to  the  jury.  If,  before  the  final 
submission  of  the  case,  a  juror  die,  or  become  ill,  so  as  to  be 
unable  to  perform  his  duty,  the  Court  may  order  him  to  be  dis- 
charged and  draw  the  name  of  an  alternate,  who  shall  then 
take  his  place  in  the  jury-box,  and  be  subject  to  the  same  rules 
and  regulations  as  though  he  had  been  selected  as  one  of  the 
original  jurors. 

Sec.  2.  This  Act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 


—  221 


CHAPTER  CCXV. 

An  Act  to  amend  sections  sixteen  hundred  and  seventy  and  sixteen 
hundred  and  seventy-one  of  the  Political  Code,  relating  to  high 
schools. 

[Approved  March  28,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Section  sixteen  hundred  and  seventy  of  the  Polit- 
ical Code  is  hereby  amended  to  read  as  follows: 

1670.  First — Any  city,  incorporated  town,  or  school  dis- 
trict having  a  population  of  one  thousand  inhabitants  or  more, 
may,  by  a  majority  vote  of  the  qualified  electors  voting  at  the 
election  held  for  the  purpose  of  determining  the  establishment 
and  maintenance  of  such  high  school,  establish  and  maintain  a 
high  school  at  the  expense  of  such  city,  incorporated  town,  or 
school  district. 

Second — Whenever  a  majority  of  the  heads  of  families,  as 
shown  by  the  last  preceding  school  census,  in  any  city,  incor- 
porated town,  or  school  district,  having  one  thousand  or  more 
inhabitants,  shall  unite  in  a  petition  to  the  Board  of  Education 
or  Board  of  School  Trustees  of  said  city,  incorporated  town, 
or  school  district,  for  the  establishing  and  maintaining  of  a 
high  school  therein,  said  Board  of  Education  or  Board  of  School 
Trustees  shall  petition  the  County  Superintendent  of  Schools 
to  call  an  election  in  said  city,  incorporated  town,  or  school 
district,  for  the  determination  of  the  question. 

Third — Within  twenty  days  after  receiving  said  petition  from 
said  Board  of  Education  or  Board  of  School  Trustees,  the 
County  Superintendent  of  Schools  shall  call  an  election  therein 
for  the  determination  of  the  question,  and  shall  appoint  three 
qualified  electors  thereof  to  conduct  said  election.  Said  election 
shall  be  called  by  posting  notice  thereof  in  five  of  the  most 
public  places  in  said  city,  incorporated  town,  or  Bchool  district, 
and  by  publication  in  a  daily  or  weekly  paper  therein,  if  there 
be  one,  for  not  less  than  fifteen  days.  Said  election  shall  be 
conducted  in  the  manner  prescribed  for  conducting  school  elec- 
tions. The  ballots  at  such  elections  shall  contain  the  words 
"  For  High  School,"  and  the  voter  shall  write  or  print  after 
said  words  on  his  ballot  the  word  "  Yes,"  or  the  word  "  No."  It 
shall  be  the  duty  of  said  election  officers  to  report  the  result  of 
said  election  to  the  County  Superintendent  of  Schools  within 
ten  days  subsequent  to  the  holding  thereof. 

Fourth — When  a  majority  in  each  district,  as  shown  by  the  last 
preceding  school  census,  of  the  heads  of  families  residing  in  two  or 
more  contiguous  school  districts  in  the  same  county,  shall  unite  in 
a  petition  to  the  County  Superintendent  of  Schools  for  the  estab- 
lishing and  maintaining  of  a  union  high  school  district,  he  shall, 
within  twenty  days  after  receiving  said  petition,  call  an  election 
for  the  determination  of  the  question,  and  shall  appoint  three 


—  222  — 

m 

qualified  electors  in  each  of  the  districts  petitioning  to  conduct 
the  election  therein.  Said  election  shall  be  held  separately  and 
simultaneously  at  the  public  school  house  in  each  of  the  districts 
petitioning,  and  shall  be  called  by  posting  notices  thereof  in 
three  of  the  most  public  places  in  each  district,  one  of  which 
places  shall  be  the  public  school  house  in  each  district,  at  least 
ten  days  before  said  election.  Said  election  shall  be  conducted 
by  the  officers  appointed  for  that  purpose,  in  the  manner  pro- 
vided by  law  for  conducting  school  elections.  The  ballots  at 
such  election  in  each  district  shall  contain  the  words  "  For  the 
Union  High  School,"  and  the  voter  shall  write  or  print  after 
said  words  on  his  ballot  the  word  "  Yes,"  or  the  word  "  No."  It 
shall  be  the  duty  of  the  said  election  officers  in  each  district  to 
canvass  the  vote  at  said  election,  and  report  the  result  to  the 
County  Superintendent  of  Schools  within  five  days  subsequent 
to  the  holding  of  said  election. 

Fifth — If  a  majority  of  the  votes  cast  in  the  election  provided 
for  in  subdivision  three  of  this  section  in  said  city,  incorporated 
town,  or  school  district  shall  be  in  favor  of  establishing  and 
maintaining  a  high  school  therein,  it  shall  be  the  duty  of  the 
County  Superintendent  to  call  a  meeting  of  the  Board  of  Educa- 
tion or  Board  of  School  Trustees  of  said  city,  incorporated  town, 
or  school  district,  within  fifteen  days  after  receiving  the  returns 
of  the  election  held  therein,  by  giving  at  least  ten  days'  notice, 
in  writing,  to  every  member  of  said  Board  of  Education  or 
Board  of  School  Trustees.  The  Board  of  Education  or  Board 
of  School  Trustees  shall,  at  said  meeting,  determine  the  loca- 
tion and  the  name  of  the  high  school. 

Sixth — If  a  majority  of  the  votes  cast  in  the  districts  petition- 
ing for  a  union  high  school  shall  in  the  aggregate  be  in  favor  of 
establishing  and  maintaining  a  union  high  school  therein,  the 
County  Superintendent  shall,  within  fifteen  days  after  receiv- 
ing the  returns  of  the  election  held  therein,  direct  the  Board 
of  School  Trustees  in  each  of  said  districts  to  call  a  meeting  of 
the  qualified  electors  of  their  respective  districts,  in  the  manner 
provided  in  subdivision  twenty  of  section  sixteen  hundred  and 
seventeen  of  the  Political  Code.  At  said  meeting  the  qualified 
electors  shall  in  each  district  select  three  representatives.  The 
representatives  so  chosen  shall  meet  in  conjunction  with  the 
County  Superintendent  of  Schools,  at  a  time  and  place  to  be 
named  by  the  Superintendent,  for  the  purpose  of  determining 
the  location  and  name  of  the  union  high  school.  At  such  meet- 
ing the  Superintendent  shall  be  the  Chairman,  and  shall  be 
entitled  to  vote  and  participate  in  all  its  proceedings.  No 
change  of  location  of  any  high  school,  when  once  established, 
shall  be  made  except  upon  a  petition  to  the  County  Superin- 
tendent of  Schools,  signed  by  two  thirds  of  the  heads  of  fam- 
ilies of  the  high  school  district,  and  then  only  in  accordance 
with  all  of  the  provisions  for  the  original  location  of  the  school, 
as  contained  in  subdivisions  four  and  five  of  this  section. 

Seventh — In  any  city,  incorporated  town,  or  school  district 
which  shall  have  established  a  high  school,  the  Board  of  Edu- 
cation or  Board  of  School  Trustees  shall  constitute  the  High 


—  223  — 

School  Board,  and  shall  have  the  management  and  control  of 
said  high  school. 

Eighth — In  union  high  school  districts  composed  of  more  than 
two  school  districts,  the  High  School  Board  shall  be  composed 
of  one  member  elected  from  each  district  composing  the  high 
school  district  at  the  time  and  in  the  manner  prescribed  for 
the  election  of  School  Trustees,  except  as  otherwise  provided 
in  this  Act.  The  Superintendent  (or  Superintendents  by  con- 
current action  in  joint  high  school  districts)  shall,  in  union  high 
school  districts  composed  of  three  or  more  school  districts, 
divide  the  districts  composing  the  union  high  school  district 
into  three  classes,  as  nearly  equal  in  number  of  school  dis- 
tricts as  possible,  to  be  designated  by  him  as  Class  A,  B,  and  C, 
respectively.  At  the  first  annual  school  election  following  the 
passage  of  this  Act,  the  districts  in  Class  A,  as  above  divided 
and  designated,  shall  each  elect  a  High  School  Trustee  for 
one  year;  the  districts  in  Class  B  shall  each  elect  a  High  School 
Trustee  for  two  years;  the  districts  in  Class  C  shall  each  elect 
a  High  School  Trustee  for  three  years.  At  each  annual  election 
thereafter,  as  terms  of  office  expire,  the  High  School  Trustees 
shall  be  elected  for  three  years,  and  in  case  of  expiration  of 
term  of  appointment,  for  the  unexpired  term.  Vacancies  in 
the  High  School  Board  shall  be  filled  by  appointment  by  the 
County  Superintendent  of  Schools  (and  in  case  of  joint  union 
high  school  districts,  by  concurrent  action  of  the  County  Super- 
intendents of  Schools),  the  appointee  or  appointees  to  hold  until 
the  first  day  of  July  succeeding  the  appointment.  The  Trustees 
serving  on  Union  High  School  Boards,  composed  of  more  than 
two  school  districts  at  the  time  of  the  passage  of  this  Act,  shall 
hold  until  their  successors  are  elected  and  shall  qualify  under 
the  provisions  of  this  Act;  in  the  formation  of  new  union  high 
school  districts  the  representatives  selected  according  to  the  pro- 
visions of  subdivision  sixth  of  this  section  shall  constitute  the 
Union  High  School  Board  until  their  successors  are  elected,  or 
appointed,  and  qualified,  as  provided  in  this  Act.  In  union 
high  school  districts  consisting  of  but  two  school  districts  the 
Union  High  School  Board  shall  be  composed  of  the  Boards  of 
School  Trustees  of  both  said  districts. 

Ninth — The  Union  High  School  Board  shall  meet  within 
ten  days  subsequent  to  the  locating  and  naming  of  the  union 
high  school  by  the  parties  selected  for  that  purpose,  and  shall 
organize  by  electing  a  President  and  a  Clerk  from  their  own 
number,  to  serve  until  the  second  Saturday  of  July  next  suc- 
ceeding their  election;  and  thereafter  the  Board  shall  meet  and 
organize  in  the  same  manner  on  the  second  Saturday  of  July  of 
each  and  every  year. 

Tenth — The  High  School  Boards  shall  hold  regular  monthly 
meetings  at  the  high  school  building,  at  such  time  as  may  be 
provided  in  the  rules  and  regulations  adopted  by  them  for 
their  own  government.  Special  meetings  may  be  held  at  the 
call  of  the  President  of  the  respective  Boards.  Upon  the  request, 
in  writing,  signed  by  a  majority  of  any  Board,  the  President  of 
said  Board  shall  call  a  meeting  thereof.     Of  all  special  meet- 


—  224  — 

ings  of  any  Board  the  members  thereof  shall  have  at  least  two 
days'  notice,  issued  and  served  by  the  Clerk  thereof.  At  special 
meetings  no  business  shall  be  transacted  other  than  as  specified 
in  the  call  therefor;  provided,  that  in  union  high  school  dis- 
tricts composed  of  more  than  two  districts  the  regular  meetings 
as  above  provided  shall  be  quarterly;  and  provided  further, 
that  the  Union  High  School  Board  in  said  union  high  school 
districts  may  appoint  an  Executive  Committee,  consisting  of 
the  President  and  Secretary  and  one  other  member  of  the 
Board,  no  two  of  whom  shall  be  from  the  same  school  district, 
to  attend  to  the  routine  business  of  the  Board,  their  action  to 
be  reported  to  the  Board  for  ratification  at  its  first  regular 
meeting  ensuing. 

Eleventh — The  powers  and  duties  of  the  High  School  Boards 
shall  be  such  as  are  now  or  as  may  hereafter  be  assigned  by 
law  to  Boards  of  Education,  or  Boards  of  School  Trustees,  includ- 
ing the  provisions  of  sections  one  thousand  eight  hundred  and 
eighty  to  one  thousand  eight  hundred  and  eighty-eight,  inclu- 
sive, of  the  Political  Code,  relating  to  the  voting  and  issuance 
of  bonds,  except  as  otherwise  provided  in  this  section. 

Twelfth — The  course  of  study  for  the  respective  high  schools 
shall  be  prepared  by  the  High  School  Board,  and,  except  in 
cities  and  incorporated  towns,  shall  be  subject  to  the  approval 
of  the  County  Board  of  Education.  Said  course  of  study  shall 
embrace  a  period  of  not  less  than  three  years;  and  it  shall  be 
such  as  will  prepare  graduates  therein  for  admission  into  the 
State  University.  The  High  School  Board  may  prescribe  an 
additional  course  or  additional  courses  of  study,  subject  to  the 
approval,  as  hereinbefore  provided.  The  text-books  to  be  used 
shall  be  adopted  by  the  High  School  Board,  subject  to  the  same 
restriction  as  is  provided  for  the  adoption  of  the  course  of  study. 
The  State  series  shall  be  used  in  grades  and  classes  for  which 
they  may  be  adapted. 

thirteenth  —  Graduates  of  the  grammar  schools  shall  be 
admitted  to  the  high  schools  without  examination.  Other 
applicants  of  the  high  school  district  may  be  admitted  in 
accordance  with  such  rules  as  may  be  prescribed  by  the  High 
School  Board;  provided,  that  no  applicant  shall  be  admitted  to 
the  high  school  who  has  not  practically  completed  the  work 
of  the  grammar  grades  of  the  county  in  which  the  high  school 
is  located.  Proficiency  is  to  be  determined  by  the  Principal, 
subject  to  approval  by  the  County  Board  of  Education.  The 
High  School  Board  may  admit  pupils  not  residing  in  any  high 
school  district,  upon  the  payment  of  such  tuition  fees  as  they 
may  deem  proper,  and  all  moneys  collected  from  this  source 
shall  be  paid  into  the  fund  provided  for  the  support  of  the  high 
school. 

Fourteenth — In  any  city,  incorporated  town,  school  district, 
or  union  high  school  district  which  shall  have  voted  to  establish 
and  maintain  a  high  school,  it  shall  be  the  duty  of  the  High 
School  Board  therein,  to  furnish  to  the  authorities  whose  duty 
it  is  to  levy  taxes,  on  or  before  the  first  day  of  September,  an 
estimate  of  the  cost  of  purchasing  a  suitable  lot,  of  procuring 


—  225  — 

plans  and  specifications,  and  erecting  a  suitable  building,  of 
furnishing  the  same,  and  of  fencing  and  ornamenting  the 
grounds  for  the  accommodation  of  the  school,  and  of  conduct- 
ing the  school  for  the  school  year.  It  shall  be  the  duty  of  said 
Board,  each  and  every  year  thereafter,  to  present  to  said  authori- 
ties, on  or  before  the  first  day  of  September,  an  estimate  of  the 
amount  of  money  required  for  conducting  the  school  for  the 
school  year. 

Fifteenth — When  such  estimate  shall  have  been  made  and 
submitted  it  shall  be  the  duty  of  the  authorities  whose  duty  it 
is  to  levy  taxes  in  said  city,  incorporated  town,  school  district, 
or  union  high  school  district,  to  levy  a  special  tax  upon  all  of 
the  taxable  property  of  said  city,  incorporated  town,  school 
district,  or  union  high  school  district,  sufficient  in  amount  to 
maintain  the  high  school.  Said  tax  shall  be  computed,  entered 
upon  the  tax  roll,  and  collected,  in  the  same  manner  as  other 
taxes  are  computed,  entered,  and  collected. 

Sixteenth — Should  the  High  School  Board  of  any  city,  incor- 
porated town,  school  district,  or  union  high  school  district,  fail 
to  make  the  estimate  provided  for  in  subdivision  fourteen  of 
this  section,  it  shall  be  the  duty  of  the  Superintendent  of 
Schools,  upon  the  petition  of  five  qualified  electors  thereof,  to 
make  such  estimate. 

Seventeenth — Should  the  authorities  whose  duty  it  is  to  levy 
the  tax,  as  provided  in  subdivision  fifteen  of  this  section,  fail  to 
make  the  levy  provided  for,  it  shall  be  the  duty  of  the  County 
Auditor  to  make  such  levy,  and  add  it  to  the  tax  roll  of  said 
city,  incorporated  town,  school  district,  or  union  high  school 
district. 

Eighteenth — All  moneys  collected  from  the  levy  of  the  tax 
provided  for  by  this  section  shall  be  paid,  in  cities  and  incor- 
porated towns,  into  the  treasury  thereof,  to  the  credit  of  the 
High  School  Fund;  and  said  moneys  shall  be  paid  out  by  the 
Treasurers  of  said  cities  or  towns  upon  the  warrants  of  the  High 
School  Board,  signed  by  the  President  and  Clerk  thereof. 

Nineteenth — All  moneys  collected  from  said  levy  in  school 
districts,  or  union  high  school  districts,  shall  be  paid  into  the 
County  Treasury  to  the  credit  of  the  District  High  School  Fund, 
or  the  Union  High  School  Fund,  respectively,  and  shall  be  paid 
out  on  the  order  of  the  High  School  Board,  signed  by  the  Presi- 
dent and  Clerk  thereof,  as  other  school  moneys  are  paid  out. 

Twentieth — Nothing  in  this  section  shall  be  construed  as  pre- 
venting all  of  the  school  districts  in  any  county  from  uniting 
to  form  one  or  more  county  high  schools;  provided,  that  when 
any  city,  incorporated  town,  school  district,  or  union  high 
school  district  shall  vote  to  maintain  a  high  school,  such  ter- 
ritory shall  be  exempt  from  taxation  to  support  a  county  high 
school;  and  provided  further,  that  when  any  city,  incorporated 
town,  school  district,  or  union  high  school  district  shall  estab- 
lish a  high  school  prior  to  the  submission  of  the  proposition 
to  establish  a  county  high  school,  the  electors  of  such  city, 
incorporated  town,  school  district,  or  union  high  school  dis- 
trict shall  be  excluded  from  voting  upon  said  proposition;  pro- 
15 


—  226  — 

vided  further,  that  in  counties  where  one  or  more  city  high 
schools,  district  high  schools,  or  union  district  high  schools 
are  maintained,  the  Board  of  Supervisors  shall,  upon  the  peti- 
tion of  two  thirds  of  the  heads  of  families  in  the  city  high 
school  district,  district  high  school  district,  and  in  each  school 
district  composing  the  union  high  school  district  or  districts, 
if  there  be  more  than  one  in  the  county,  submit  to  all  the 
qualified  electors  of  the  county  the  question  of  establishing 
and  maintaining  a  county  high  school,  and  shall  take  such 
further  steps  as  provided  in  section  sixteen  hundred  and 
seventy-one  of  this  Act,  relating  to  high  schools.  If  the 
majority  of  all  the  votes  cast  on  the  proposition  to  establish 
a  county  high  school  are  in  the  affirmative,  the  Board  of  Super- 
visors shall,  upon  the  establishment  of  the  same,  declare  the 
high  school  or  high  schools  existing  in  the  county  at  the  time 
of  the  election  for  a  county  high  school,  to  be  lapsed,  and  the 
property  of  such  lapsed  high  school  or  schools  shall  be  held  or 
sold  by  the  Board  of  Supervisors  for  the  benefit  of  the  county 
high  school. 

Twenty-first — When  the  boundaries  of  school  districts  shall 
for  any  cause  be  changed,  such  change  shall  not  affect  the  high 
school  district. 

Twenty-second — Any  school  district  adjacent  to  a  high  school 
district  may  be  admitted  to  said  high  school  district  by  action 
of  the  Board  of  Supervisors  of  the  county,  upon  such  terms  as 
may  be  agreed  upon  between  the  Trustees  of  the  school  district 
seeking  admission,  and  the  High  School  Board,  whenever  a 
majority  of  the  heads  of  families,  as  shown  by  the  last  pre- 
ceding school  census,  shall  present  to  said  Board  of  Supervisors 
a  petition  for  such  annexation,  accompanied  by  a  petition 
signed  by  a  majority  of  the  members  composing  the  High 
School  Board  of  the  district  to  which  admission  is  desired. 

Twenty-third — When  the  average  daily  attendance  of  pupils 
in  any  high  school  during  the  whole  of  any  school  year,  after 
the  first  school  year,  shall  be  ten,  or  less  than  ten,  the  Super- 
intendent of  Schools  shall  suspend  the  school  in  said  district, 
and  shall  report  the  fact  to  the  Board  of  Supervisors.  Upon 
receiving  such  report  from  the  Superintendent,  the  Board  of 
Supervisors  shall  declare  the  high  school  lapsed,  and  shall 
cause  the  property  thereof  to  be  sold.  All  moneys  received 
from  the  sale  of  the  property  of  the  high  school  district,  and 
all  moneys  in  the  treasury  to  the  credit  of  said  high  school, 
shall  be  distributed  by  the  County  Superintendent  to  the  dis- 
tricts composing  the  high  school  district,  in  proportion  to  the 
assessed  valuation  of  property  in  said  districts. 

Twenty-fourth — When,  in  consequence  of  distance  or  of  con- 
venience in  traveling,  it  is  more  convenient  for  pupils  residing 
in  any  high  school  district  to  attend  the  high  school  in  another 
high  school  district,  the  High  School  Board  of  the  latter  district 
may  admit  such  pupils  to  the  high  school  in  their  district,  upon 
such  terms  as  the  two  Boards  may  arrange. 

Twenty-fifth — (1 )  When  a  majority  of  the  heads  of  families 
residing  in  two  or  more  adjacent  districts,  not  in  the  same 


—  227  — 

county,  shall  unite  in  a  petition  to  the  County  Superintendents 
of  their  respective  counties  for  the  establishing  and  maintaining 
of  a  joint  union  high  school  district,  it  shall  be  the  duty  of 
said  Superintendent,  within  twenty  days  after  receiving  said 
petition,  to  call  an  election  in  the  district  or  districts  in  his 
county  petitioning,  for  the  purpose  of  determining  the  question, 
and  appoint  three  qualified  electors  in  each  district  petitioning, 
to  conduct  the  election  therein.  Said  election  shall  be  called 
and  conducted  in  all  respects  as  specified  in  subdivision  fourth 
of  this  section,  and  the  result  thereof  shall  be  reported  by  the 
election  officers  in  each  district  to  the  Superintendents  of  the 
counties  in  which  the  districts  are  situated,  within  five  days 
subsequent  to  the  holding  of  said  election. 

(2)  If  a  majority  of  the  votes  cast  in  the  districts  shall,  in 
the  aggregate,  be  in  favor  of  establishing  a  joint  union  high 
school,  the  County  Superintendent  in  each  county  shall, 
within  fifteen  days  after  receiving  the  returns  of  the  election, 
direct  the  Board  of  Trustees  in  the  district,  or  districts,  in  his 
respective  county,  to  call  a  meeting  of  the  qualified  electors,  as 
provided  in  subdivision  sixth  of  this  section.  At  said  meeting 
the  qualified  electors  in  each  district  shall  select  representa- 
tives, as  provided  in  said  subdivision.  The  representatives  so 
chosen  shall  meet  at  a  time  and  place,  to  be  agreed  upon  among 
themselves,  for  the  purpose  of  determining  the  location  and 
name  of  the  school. 

(3)  The  Joint  Union  High  School  Board  shall  be  composed 
as  provided  in  subdivision  eighth  of  this  section;  and  their 
powers  and  duties  shall  be  such  as  are  specified  in  this  section 
for  Union  High  School  Boards;  provided,  that  the  estimate  pro- 
vided for  in  subdivision  fourteenth  of  this  section  shall  be  fur- 
nished to  the  authorities  in  each  of  the  counties  in  which  the 
districts  uniting  are  situated;  and  provided  further,  that  the 
portion  of  the  amount  to  be  raised  in  each  district  shall  be  in 
proportion  to  the  taxable  property  therein,  as  shown  by  the 
last  preceding  assessment  roll  thereof. 

(4)  All  the  provisions  relative  to  the  levy  and  collection 
of  the  tax  necessary  to  maintain  the  high  school  shall  apply 
to  the  levy  and  collection  of  the  tax  for  joint  union  high 
schools;  provided,  that  the  amount  collected  in  each  district 
shall  be  paid  into  the  treasury  of  the  county  in  which  said 
district  is  located,  to  the  credit  of  a  fund  to  be  known  as  the 
Joint  Union  High  School  Fund,  and  shall  be  paid  out  as 
provided  in  subdivision  nineteenth  of  this  section. 

Sec.  2.  Section  sixteen  hundred  and  seventy-one  of  the 
Political  Code  is  hereby  amended  to  read  as  follows: 

1671.  First — There  may  be  established  in  any  county  in 
this  State,  one  or  more  county  high  schools ;  provided,  that  at 
any  general  or  special  election  held  in  said  county  after  the 
passage  of  this  Act,  a  majority  of  all  the  votes  cast  at  such 
election,  upon  the  proposition  to  establish  a  high  school,  shall 
be  in  favor  of  establishing  and  maintaining  such  county  high 
school  or  schools  at  the  expense  of  said  county. 


—  228  — 

Second — The  Board  of  Supervisors  at  any  general  election 
to  be  held  in  any  county  after  the  passage  of  this  Act,  upon 
the  presentation  of  a  petition  signed  by  fifty  or  more  qualified 
electors,  taxpayers  of  said  county,  must  submit  the  question 
of  establishing  and  maintaining  a  county  high  school  to  the 
qualified  electors  thereof.  The  Board  of  Supervisors,  if  they 
deem  it  expedient,  may  order  a  special  election  for  such  pur- 
pose. Said  election  shall  be  conducted  in  the  manner  pre- 
scribed by  law  for  conducting  elections.  The  ballots  at  such 
election  shall  contain  the  words  "For  County  High  School," 
and  the  voter  shall  write  or  print  thereafter  on  the  ballot  the 
word  "  Yes,"  or  the  word  "  No." 

Third — If  the  majority  of  all  the  votes  cast  on  the  proposi- 
tion to  establish  a  county  high  school  are  in  the  affirmative,  it 
shall  be  the  duty  of  the  Board  of  Supervisors,  within  thirty 
days  after  canvassing  said  vote,  to  locate  the  school  in  some 
suitable  and  convenient  place  in  said  county.  The  Board  of 
Supervisors  shall  also  estimate  the  cost  of  purchasing  a  suit- 
able lot,  erecting  a  building,  and  furnishing  the  same,  for  the 
accommodation  of  such  school,  together  with  the  cost  of  con- 
ducting such  school  for  the  next  twelve  months;  provided,  that 
the  High  School  Board  may  rent  suitable  rooms  for  the  accom- 
modation of  the  school.  If  rooms  can  be  obtained  in  public 
school  buildings  in  the  place  in  which  said  school  shall  be 
located,  such  rooms  shall  be  given  the  preference. 

Fourth — When  such  estimate  shall  have  been  made,  the 
Board  of  Supervisors  shall  thereupon  proceed  to  levy  a  special 
tax  upon  all  of  the  assessable  property  of  the  county,  except  as 
provided  in  subdivision  twentieth  of  section  one  thousand  six 
hundred  and  seventy  of  the  Political  Code,  sufficient  to  raise 
the  amount  estimated  as  necessary  for  the  purchasing  of  a  lot, 
procuring  plans  and  specifications,  erecting  a  building,  fur- 
nishing the  same,  fencing  and  ornamenting  the  grounds,  and 
the  cost  of  running  said  school  for  the  following  twelve  (12) 
months.  Said  tax  shall  be  computed,  entered  on  the  tax  roll, 
and  collected  in  the  same  manner  as  other  taxes  are  computed, 
entered,  and  collected,  and  the  amount  so  collected  shall  be 
deposited  in  the  County  Treasury,  and  be  known  and  desig- 
nated as  the  County  High  School  Fund,  and  shall  be  drawn 
from  the  treasury  as  other  moneys  so  appropriated  are  drawn. 

Fifth — When  the  Board  of  Supervisors  shall  have  properly 
provided  and  completed  the  building,  together  with  the  neces- 
sary fencing  of  the  lot  so  purchased,  they  shall  cause  the  same 
to  be  deeded  to  the  County  Board  of  Education,  who  shall  hold 
the  same  in  trust  for  the  county. 

Sixth — It  shall  be  the  duty  of  the  County  Board  of  Education 
to  furnish  to  the  Board  of  Supervisors,  annually,  an  estimate  of 
the  amount  of  money  needed  to  pay  all  of  the  necessary  expenses 
of  running  said  school;  to  adopt  the  necessary  text-books  (the 
State  series  shall  be  used  in  grades  and  classes  for  which  they 
are  adapted);  to  adopt  and  enforce  a  course  of  study  for  said 
schools;  to  employ  suitable  teachers,  janitors,  and  other  em- 
ployes, and  discharge  such  employes  when  deemed  advisable 


—  229  — 

by  them,  and  to  do  any  and  all  other  things  necessary  to  the 
proper  conduct  of  the  school.  The  course  of  study  shall  embrace 
a  period  not  les3  than  three  years,  and  it  shall  be  such  as  will 
prepare  graduates  therein  for  admission  to  the  State  University. 

Seventh — It  shall  be  the  duty  of  the  Board  of  Supervisors  to 
include  in  their  annual  tax  levy  an  amount  sufficient  to  main- 
tain the  county  high  school;  and  such  amount,  when  collected 
and  paid  into  the  County  Treasury,  shall  be  known  as  the 
"  County  High  School  Fund,"  and  may  be  drawn  therefrom  in 
the  following  manner,  for  the  purpose  of  defraying  the  expenses 
of  conducting  said  county  high  school:  The  County  Board  of 
Education  shall  draw  their  order  on  the  County  Superintendent 
of  Schools,  in  the  manner  and  form  provided  by  law  for  school 
District  Trustees  drawing  orders  on  their  district  school  funds, 
and  the  County  Superintendent  shall  draw  his  requisition  on 
the  Auditor,  who  shall  draw  his  warrant  on  the  County  Treas- 
urer in  favor  of  the  person  or  persons  to  whom  the  amount  called 
for  in  such  requisition  is  due.  All  orders,  requisitions,  and 
warrants  drawn  on  the  "County  High  School  Fund,"  in  all 
other  respects,  except  as  specified  in  this  Act,  shall  be  subject 
to  the  law  governing  school  districts. 

Eighth — In  case  the  qualified  electors  of  any  county  deem  it 
expedient  to  establish  and  maintain  more  than  one  county  high 
school,  then  such  additional  school  or  schools  may  be  estab- 
lished and  maintained  in  the  manner  prescribed  in  this  Act  for 
establishing  and  maintaining  a  county  high  school. 

Ninth — All  county  high  schools  shall  be  open  for  the  admission 
of  graduates  holding  diplomas  from  the  grammar  schools  of  the 
county,  and  to  all  pupils  of  the  county  who  can  pass  the  exami- 
nation for  admission.  The  examination  for  admission  shall  be 
conducted  by  the  County  Board  of  Education  and  the  Principal 
of  the  county  high  school. 

Tenth — Nothing  in  this  Act  shall  be  construed  so  as  to  pre- 
vent the  Principal  of  the  high  school  from  acting  as  Principal 
of  the  grammar  school  of  the  school  district  in  which  the  high 
school  is  located,  if  so  desired  by  the  trustees  of  said  school 
district. 

Eleventh — All  proceedings  for  the  establishment  of  county 
and  union  high  schools  had  prior  to  the  passage  and  approval 
of  this  Act,  are  hereby  validated  and  declared  legal;  and  said 
high  schools  shall  continue  under  the  provisions  of  the  law 
under  which  they  were  established,  until  the  first  day  of  July, 
one  thousand  eight  hundred  and  ninety-five;  thereafter  they 
shall  be  conducted  in  accordance  with  the  provisions  of  this 
Act. 


—  230  — 


CHAPTER  CCXVI. 

An  Act  entitled  an  Act  to  amend  sections  eleven  hundred  and 
forty-two,  eleven  hundred  and  ninety-two,  eleven  hundred  and 
ninety-nine,  twelve  hundred  and  three,  twelve  hundred  and  four, 
twelve  hundred  and  seven,  twelve  hundred  and  eight,  and  twelve 
hundred  and  fifty-eight  of  the  Political  Code,  relating  to  elec- 
ti  on** 

[Approved  March  28,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Section  eleven  hundred  and  forty-two  of  the 
Political  Code  is  hereby  amended  so  as  to  read  as  follows: 

1142.  When  an  election  is  ordered,  the  Board  of  Super- 
visors, or  other  Board  having  charge  and  control  of  elections  in 
each  of  the  counties,  and  cities  and  counties,  of  the  State,  shall 
appoint  for  each  precinct,  from  the  electors  thereof  whose  names 
appear  upon  the  last  assessment  roll  of  said  county,  or  city  and 
county,  two  Inspectors,  two  Judges,  and  two  Clerks,  the  Inspect- 
ors, Judges,  and  Clerks  to  be  selected,  respectively,  from  the 
several  respective  political  parties  which,  respectively,  cast  five 
per  cent  of  the  entire  vote  of  the  State  at  the  last  preceding 
general  election  for  Electors  of  President  and  Vice-President 
nominated  by  such  political  party,  so  that  each  such  political 
party  shall  have  at  least  one  representative  upon  such  Board; 
and  the  remaining  officers  upon  such  Board  shall  be  appor- 
tioned as  nearly  as  may  be  equally  between  the  two  political 
parties  which,  respectively,  cast  the  highest  and  next  highest 
number  of  votes  for  said  Electors  at  said  election.  The 
Inspectors  and  Judges  so  appointed  shall  constitute  a  Board 
of  Election  for  such  precinct.  Such  Board  of  Election  shall 
canvass  the  votes  for  such  precinct,  and  must  be  present  at  the 
closing  of  the  polls.  The  members  of  said  Board  shall  relieve 
each  other  in  the  duties  of  canvassing  the  ballots,  which  may 
be  conducted  by  at  least  half  of  the  whole  number;  but  the 
final  certificate  shall  be  signed  by  a  majority  of  the  whole.  No 
person  shall  be  eligible  to  act  as  an  officer  of  election  at  any 
precinct  who  has  been  employed  in  any  official  capacity  in  the 
county,  or  city  and  county,  in  the  State,  within  ninety  days 
next  preceding  any  election.  No  person  shall  be  eligible  to  act 
as  a  member  of  any  Election  Board,  or  as  a  Clerk  upon  such 
Board,  who  cannot  read  and  write  the  English  language.  Any 
person  acting  as  a  member  of  any  Election  Board,  or  as  a  Clerk 
upon  such  Board,  who  cannot  read  and  write  the  English  lan- 
guage, and  any  person  who  refuses  to  act  upon  such  Board,  or 
as  a  Clerk  thereof,  after  proper  notification  of  his  appointment, 
who  is  otherwise  eligible,  unless  good  and  sufficient  cause  for 
such  refusal  is  shown,  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction  shall  be  subject  to  a  fine  of  five  hundred  dol- 
lars, and  upon  failure  to  pay  said  fine  shall  be  imprisoned  in 


—  231  — 

the  county  jail  of  such  county,  or  city  and  county,  for  the 
period  of  one  day  for  each  one  dollar  of  said  fine. 

Sec.  2.  Section  eleven  hundred  and  ninety-two  of  the  Polit- 
ical Code  is  hereby  amended  so  as  to  read  as  follows: 

1192.  Certificates  of  nomination  required  to  be  filed  with 
the  Secretary  of  State  shall  be  filed  not  more  than  sixty  days 
and  not  less  than  forty  days  before  the  day  fixed  by  law  for 
the  election  of  the  persons  in  nomination,  when  the  nomina- 
tion is  made  by  a  convention,  and  not  more  than  sixty  days 
and  not  less  than  thirty  days  before  the  day  of  election,  when 
the  nomination  is  made  by  electors,  as  provided  in  section  one 
thousand  one  hundred  and  eighty-eight  of  this  Code.  Cer- 
tificates of  nomination  required  to  be  filed  with  the  County 
Clerks,  or  with  the  Clerk  or  Secretary  of  the  legislative  body 
of  any  city  or  town,  shall  be  filed  not  more  than  fifty  nor  less 
than  thirty  days  before  the  day  of  election,  when  the  nomina- 
tion is  made  by  a  convention,  and  not  more  than  fifty  days 
nor  less  than  twenty  days  before  the  day  of  election,  when  the 
nomination  is  made  by  electors.  Should  a  vacancy  in  the  list 
of  nominees  of  a  convention  occur,  such  vacancy  may  be  filled 
by  the  convention,  or  if  it  has  delegated  to  a  committee  the 
power  to  fill  vacancies,  such  committee  may,  upon  the  occur- 
ring of  such  vacancy,  proceed  to  fill  the  same;  provided,  that  no 
nomination  shall  be  made  or  certified  at  a  period  before  the 
day  of  election  less  than  the  minimum  number  of  days  pro- 
vided for  filing  certificates  of  nomination  made  under  this 
Code.  The  Chairman  and  Secretary  of  the  convention  or  of 
such  committee  shall  thereupon  make  and  file  with  the  proper 
officer  a  certificate  setting  forth  the  cause  of  the  vacancy,  the 
name  of  the  person  nominated,  the  office  for  which  he  was 
nominated,  the  name  of  the  person  for  whom  the  new  nomi- 
nee is  to  be  substituted,  the  fact  that  the  committee  was  au- 
thorized to  fill  vacancies,  and  such  further  information  as  is 
required  to  be  given  in  an  original,  certificate  of  nomination. 
When  a  certificate  to  fill  any  vacancy  shall  be  filed  with  the 
Secretary  of  State,  he  shall,  in  certifying  the  nomination  to 
the  various  County  Clerks,  insert  the  name  of  the  person  who 
has  been  thus  nominated  to  fill  a  vacancy  in  the  place  of  that 
of  the  original  nominee.  Any  person  whose  name  has  been 
presented  as  a  candidate,  may,  at  least  five  days  before  the 
making  of  the  publication  of  the  nominations  prescribed  in 
this  section,  cause  his  name  to  be  withdrawn  from  nomination, 
by  filing  with  the  Secretary  of  State  and  County  Clerk  his 
request  therefor,  in  writing,  signed  by  him  and  acknowledged 
before  the  County  Clerk  of  the  county  in  which  he  resides;  and 
no  name  so  withdrawn  shall  be  printed  on  the  ballot.  When- 
ever any  certificate  of  nomination  is  presented  for  filing  to  any 
officer  authorized  to  file  the  same,  such  officer  shall  forthwith, 
upon  receipt  of  the  same  and  before  filing,  examine  the  same, 
and  if  there  is  any  defect,  omission,  or  reason  why  the  same 
should  not  be  filed,  such  officer  shall  then  and  there  forthwith 
designate,  in  writing,  the  defect,  omission,  or  reason  why  such 
certificate  cannot  be  filed,  and  return  the  said  certificate  to  the 


—  232  — 

person  presenting  the  same,  with  such  written  designation  of 
defect,  omission,  or  reason  for  not  filing  the  same;  and  after  the 
filing  of  any  certificate  of  nomination,  no  officer  required  by- 
law to  transmit  any  nomination,  or  to  make  up  or  print  any 
ballot,  shall  fail  or  omit  to  transmit  such  nomination,  or  omit 
to  print  the  name  of  any  nominee  or  candidate  named  in  any 
certificate  of  nomination  which  has  been  filed;  and  unless  a 
certificate  of  nomination  is  returned  as  herein  required,  the 
officer  to  whom  the  same  is  properly  presented  shall  file  the 
same  as  soon  as  he  shall  receive  and  examine  the  same  as 
herein  required,  and  must  file  it  as  of  the  day  it  is  presented. 

Sec.  3.  Section  eleven  hundred  and  ninety-nine  of  the  Polit- 
ical Code  is  hereby  amended  so  as  to  read  as  follows: 

1199.  The  County  Clerk  of  each  county  shall  provide  for 
each  election  precinct  in  the  county,  not  less  than  one  hundred 
general  tickets  for  every  fifty  or  fraction  of  fifty  electors  regis- 
tered in  the  election  precinct;  and  in  case  of  a  consolidated  city 
and  county,  an  equal  number  of  municipal  tickets,  when  any 
city  and  county  officers  are  to  be  elected;  and  the  Clerk  or 
Secretary  of  the  legislative  body  of  any  incorporated  city  or 
town  shall  furnish  a  like  number  of  municipal  tickets  when 
any  city  or  town  officer  is  to  be  elected.  And  upon  the  day  of 
an  election,  immediately  upon  the  arrival  of  the  hour  when  the 
polls  are  required  by  law  to  be  closed,  the  County  Clerk  in 
each  county  shall  openly,  in  his  main  office,  in  the  presence  of 
as  many  persons  as  may  there  assemble  to  observe  his  act,  pro- 
ceed to  destroy  every  unused  ballot  which  shall  have  remained 
in  his  possession,  custody,  or  control,  and  forthwith  make  and 
file  his  affidavit,  in  writing,  as  to  the  number  of  ballots  so 
destroyed. 

Sec  4.  Section  twelve  hundred  and  three  of  the  Political 
Code  is  hereby  amended  so  as  to  read  as  follows: 

1203.  All  officers  upon  whom  is  imposed  by  law  of  the 
State  the  duty  of  designating  polling  places,  shall  cause  such 
polling  places  to  be  suitably  provided  with  a  ballot-box,  to  be 
marked  on  the  outside  "  General  Tickets,"  and  when  any  city, 
city  and  county,  or  town  officers  are  to  be  elected,  a  second 
ballot-box,  to  be  marked  on  the  outside  " Municipal  Tickets"; 
and  shall  also  provide  a  sufficient  number  of  places,  booths,  or 
compartments,  at  or  in  which  voters  may  conveniently  mark 
their  ballots,  so  that  in  the  marking  thereof  they  may  be 
screened  from  the  observation  of  others;  and  a  guard-rail  shall 
be  so  constructed  and  placed  that  only  such  persons  as  are  in- 
side said  rail  can  approach  within  six  feet  of  the  ballot-boxes, 
and  of  such  booths  or  compartments.  The  arrangements  shall 
be  such  that  neither  the  ballot-boxes  nor  the  box  booths  or 
compartments  shall  be  hidden  from  the  view  of  those  just  out- 
side the  said  guard-rail.  The  number  of  such  voting  booths  or 
compartments  shall  not  be  less  than  one  for  every  forty  electors 
qualified  to  vote  in  the  precinct.  No  person  other  than  electors 
engaged  in  receiving,  preparing,  or  depositing  their  ballots  shall 
be  permitted  to  be  within  said  rail  before  the  closing  of  the  polls, 
except  by  authority  of  the  Board  of  Election,  and  then  only  for 


—  233  — 

the  purpose  of  keeping  order  and  enforcing  the  law.  Each  of 
said  voting  booths  or  compartments  shall  be  kept  provided  with 
proper  supplies  and  conveniences  for  marking  the  ballots.  And 
the  election  officers  shall  especially  see  that  the  stamps  and  ink- 
pads  required  are  at  all  times  in  such  booths  and  in  condition 
for  proper  use;  and  all  officers  upon  whom  is  imposed  by  the 
law  the  duty  of  designating  polling  places,  shall  supply  each 
polling  place  with  several  stamps  and  several  ink-pads  for  each 
booth,  and  such  stamps  shall  be  so  made  that  a  cross  (X)  may 
be  made  with  either  end  of  such  stamp,  and  the  same  must  be 
so  constructed  that  the  portion  with  which  such  cross  (X)  is  to 
be  made  shall  not  be  fastened  on  by  any  glue  or  like  substance 
which  may  loosen  when  wet,  but  the  said  stamp  shall  be  one 
solid  piece. 

Sec.  5.  Section  twelve  hundred  and  four  of  the  Political 
Code  is  hereby  amended  so  as  to  read  as  follows: 

1204.  Any  person  desiring  to  vote  shall  give  his  name 
and  address  to  one  of  the  Ballot  Clerks,  who  shall  then,  in  an 
audible  tone  of  voice,  announce  the  same,  and  if  the  other 
Ballot  Clerk  finds  the  name  on  the  register,  he  shall,  in  like 
manner,  repeat  the  name  and  address,  whereupon  a  challenge 
may  be  interposed,  as  provided  in  section  one  thousand  two 
hundred  and  thirty  of  this  Code.  If  the  challenge  be  over- 
ruled, the  Ballot  Clerk  shall  give  him  a  ticket,  and  the  Clerk 
shall  write  on  the  register,  opposite  the  name  of  the  voter,  the 
number  of  the  general  ticket  given  him,  and  also  the  number 
of  the  municipal  ticket  given  him,  when  any  city,  city  and 
county,  or  town  officer  is  to  be  elected;  and  the  voter  shall  be 
allowed  to  enter  the  place  inclosed  by  the  guard-rail,  as  above 
provided.  The  Ballot  Clerk  shall  give  him  but  one  general 
ticket,  and  where  any  city,  city  and  county,  or  town  officers  are 
to  be  elected,  also  one  municipal  ticket,  and  only  one  ballot  of 
each  kind;  and  in  order  to  prevent  voters  from  marking  their 
ballots  with  a  pencil,  or  otherwise  contrary  to  law,  it  shall  be 
the  duty  of  a  Ballot  Clerk,  whenever  he  shall  deliver  a  ballot 
to  any  voter,  to  then  orally,  distinctly  state  to  him,  so  that  it 
may  be  heard  by  the  bystanders,  that  he  must  mark  the  ballot 
with  the  stamp  provided  by  law,  or  it  will  not  be  counted. 

Sec.  6.  Section  twelve  hundred  and  seven  of  the  Political 
Code  is  hereby  amended  so  as  to  read  as  follows: 

1207.  Any  voter  who  shall  spoil  a  ballot  shall  return 
such  spoiled  ballot  to  the  Ballot  Clerk  and  receive  another  one 
in  its  place,  one  at  a  time,  not  to  exceed  three  in  all.  All  the 
ballots  thus  returned  shall  be  immediately  canceled,  and,  with 
those  not  distributed  to  the  voters,  shall  be  returned  with  the 
registered  list  and  ballots,  as  now  provided  in  sections  one 
thousand  two  hundred  and  sixty-three  and  one  thousand  two 
hundred  and  sixty-four  of  this  Code.  Every  elector  who  does 
not  vote  the  ballot  delivered  to  him,  shall,  before  leaving  the 
polling  place,  return  such  ballot  to  the  Ballot  Clerks  having 
charge  of  the  ballots,  who  shall  immediately  cancel  the  same 
and  return  them  in  the  same  manner  as  spoiled  ballots.     The 


—  234  — 

Ballot  Clerks  shall  account  for  the  ballots  delivered  to  them 
by  returning  a  sufficient  number  of  unused  ballots  to  make  up, 
when  added  to  the  number  of  official  ballots  cast  and  the  num- 
ber of  spoiled  ballots  returned,  the  number  of  ballots  given  to 
them,  and  it  shall  be  the  duty  of  the  officers  receiving  such 
returned  ballots  to  compel  such  an  accounting;  and  immediately 
upon  the  closing  of  the  polls,  and  before  any  ballot  shall  be 
taken  from  the  ballot-boxes,  or  either  thereof,  the  Ballot  Clerks 
must,  in  the  presence  of  all  persons  in  the  room  who  may 
desire  to  observe  the  same,  proceed  to  deface  every  unused  or 
spoiled  ballot,  by  drawing  across  the  face  thereof,  in  writing 
ink,  with  a  pen,  two  lines  which  shall  cross  each  other,  and 
said  Ballot  Clerks  shall  thereupon  immediately,  and  before  any 
ballots  be  taken  from  the  ballot-box,  or  either  thereof,  place  all 
said  ballots  thus  defaced  within  an  envelope  and  seal  said 
envelope,  and  thereupon  a  majority  of  the  election  officers  shall 
immediately  write  their  names  across  the  sealed  portion  of  said 
envelope. 

Sec.  7.  Section  twelve  hundred  and  eight  of  the  Political 
Code  is  hereby  amended  so  as  to  read  as  follows: 

1208.  When  it  appears  from  the  register  that  any  elector 
has  declared  under  oath,  when  he  registered,  that  he  cannot 
read,  or  that  by  reason  of  physical  disability  he  is  unable  to 
mark  his  ballot,  he  shall,  upon  request,  receive  the  assistance 
of  two  of  the  officers  of  election,  of  different  political  parties, 
in  the  marking  thereof,  to  be  chosen  as  follows:  One  by  the 
Inspector  then  receiving  the  ballots,  and  the  other  by  the  Judge 
of  the  opposite  political  party  which  at  the  last  election  cast 
the  highest  number  of  votes  throughout  the  State,  and  in  the 
event  there  are  more  Judges  than  one  of  said  party,  then  by  the 
one  of  said  Judges  who  shall  be  named  by  said  Inspector. 
Neither  of  the  persons  appointed  shall  be  of  the  same  political 
party  with  the  person  appointing,  nor  shall  either  of  said  persons 
so  making  said  appointments  appoint  the  other  for  said  pur- 
poses. Such  officers  shall  thereafter  give  no  information  regard- 
ing the  marking  of  said  ballot.  The  officers  making  such 
appointments  shall  make  the  same  in  writing,  and  sign  the 
same,  and  upon  the  same  paper  the  persons  so  appointed  shall 
subscribe  and  take  the  following  oath  before  assisting  such 
elector: 

State  of  California,  county  of ,  Assembly  district  number 

, precinct,  ss. 

and ,  being  duly  sworn,  each  for  himself,  says  that 


he  is  one  of  the  officers  of  election  appointed  to  assist 
(here  insert  the  name  of  the  elector)  in  marking  his  ballot, 
and  that  he  will  not  give  any  information,  now  or  hereafter, 
regarding  the  same.  


Subscribed  and  sworn  to  before  me,  this  day  of 

A.  D.  18- 


Said  affidavits  may  be  sworn  to  before  any  officer  of  election 
competent   to   administer  an   oath,  and   the   same,    with   the 


—  235  — 

indorsements  thereon,  shall  be  returned  to  the  County  Clerk,  as 
provided  in  section  one  thousand  two  hundred  and  sixty-one  of 
this  Code.  • 

Lists  of  the  voters  who  have  been  assisted  in  marking  their 
ballots  shall  be  kept  by  the  clerks  keeping  the  poll  lists,  and 
shall  be  returned  and  preserved,  as  the  poll  lists  are  returned 
and  preserved.  As  amended  March  twenty-third,  eighteen 
hundred  and  ninety-three. 

Sec.  8.  Section  twelve  hundred  and  fifty-eight  of  the  Polit- 
ical Code  is  hereby  amended  so  as  to  read  as  follows: 

1258.  Each  clerk  must  write  down  each  office  to  be  filled, 
and  the  name  of  each  person  marked  in  each  ballot  as  voted  for 
to  fill  such  office,  and  keep  the  number  of  votes  by  tallies,  as 
they  are  read  aloud.  Such  tallies  must  be  made  with  pen  and 
ink,  and  immediately  upon  the  completion  of  the  tallies  the 
clerks  who  respectively  complete  the  same  must  draw  two  heavy 
lines  in  ink  from  the  last  tally  mark  to  the  end  of  the  line  in 
which  such  tallies  terminate,  and  also  write  the  initials  of  the 
person  making  the  last  tally  in  such  line. 

Sec.  9.     This  Act  shall  take  effect  immediately. 


236  — 


CHAPTER  CCXVIL 

• 

An  Act  to  repeal  an  Act  of  the  Legislature  of  the  State  of  Cali- 
fornia entitled  "An  Act  in  relation  to  the  assessment  and  col- 
lection of  taxes  upon  personal  property  in  the  City  and  County 
of  San  Francisco,"  approved  March  18,  1874,  and  requir- 
ing all  counties  and  cities  and  counties  of  this  State  to  conform 
to  the  requirements  of  the  provisions  of  the  Political  Code  in 
relation  to  the  assessment,  equalization,  levy,  and  collection  of 
taxes  for  revenue  purposes. 

[Approved  March  28,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  An  Act  entitled  "An  Act  in  relation  to  the  assess- 
ment and  collection  of  taxes  upon  personal  property  in  the 
City  and  County  of  San  Francisco/'  approved  March  eighteenth, 
eighteen  hundred  and  seventy-four,  is  hereby  repealed. 

Sec.  2.  All  counties  and  cities  and  counties  of  this  State 
are  hereby  required  to  conform  to  the  provisions  of  the  Political 
Code  in  relation  to  the  assessment,  equalization,  levy,  and  col- 
lection of  taxes  on  real  and  personal  property  for  revenue  pur- 
poses, and  all  laws  now  in  force  in  relation  to  revenue  are 
hereby  made  applicable  to  all  such  counties  and  cities  and 
counties. 

Sec.  3.  All  Acts  and  parts  of  Acts  in  conflict  with  this  Act 
are  hereby  repealed. 

Sec  4.     This  Act  shall  take  effect  immediately. 


237  — 


CHAPTER  CCXVIII. 

An  Act  to  amend  "An  Act  to  establish  a  Political  Code"  by 
adding  and  amending  sections  relating  to  the  revenue  and  taxes 
of  this  State. 

[Approved  March  28,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  Section  three  thousand  six  hundred  and  seven 
is  hereby  amended  so  as  to  read  as  follows: 

3607.  All  property  in  this  State,  not  exempt  under  the 
laws  of  the  United  States,  excepting  fruit  and  nut-bearing  trees 
under  the  age  of  four  years  from  the  time  of  planting  in  orchard 
form,  and  grapevines  under  the  age  of  three  years  from  the 
time  of  planting  in  vineyard  form,  growing  crops,  property 
used  exclusively  for  public  schools,  free  public  libraries,  and  free 
museums,  and  such  as  may  belong  to  the  United  States,  this 
State,  or  to  any  county  or  municipal  corporation  within  this 
State,  is  subject  to  taxation,  as  in  this  Code  provided;  but 
nothing  in  this  Code  shall  be  construed  to  require  or  permit 
double  taxation. 

Sec.  2.  Section  three  thousand  six  hundred  and  seventeen  is 
hereby  amended  so  as  to  read  as  follows: 

3617.  Whenever  the  terms  mentioned  in  this  section  are 
employed  in  this  Act,  they  are  employed  in  the  sense  hereafter 
affixed  to  them: 

First — The  term  "property"  includes  moneys,  credits,  bonds 
(except  of  railroad  or  quasi-public  corporations),  stocks,  dues, 
franchises,  and  all  other  matters  and  things,  real,  personal,  and 
mixed,  capable  of  private  ownership. 

Second — The  term  "real  estate"  includes: 

1.  The  possession  of,  claim  to,  ownership  of,  or  right  to,  the 
possession  of  land. 

2.  All  mines,  minerals,  and  quarries  in  and  under  the  land, 
all  timber  belonging  to  individuals  or  corporations,  growing  or 
being  on  the  lands  of  the  United  States,  and  all  rights  and 
privileges  appertaining  thereto. 

3.  A  mortgage,  deed  of  trust,  contract,  or  other  obligation  by 
which  a  debt  is  secured,  when  land  is  pledged  for  the  payment  and 
discharge  thereof,  shall  for  the  purpose  of  assessment  and  taxa- 
tion, be  deemed  and  treated  as  an  interest  in  the  land  so  pledged. 

4.  Improvements. 

Third — The  term  "improvements"  includes: 

1.  All  buildings,  structures,  fixtures,  fences,  and  improve- 
ments erected  upon  or  affixed  to  the  land,  except  telephone  and 
telegraph  lines. 

2.  All  fruit,  nut-bearing,  or  ornamental  trees  and  vines,  not 
of  natural  growth,  excepting  fruit  and  nut- bearing  trees  under 
four  years  of  age,  and  grapevines  under  three  years  of  age. 

Fourth — The  term  "personal  property"  includes  everything 
which  is  the  subject  of  ownership,  not  included  within  the 
meaning  of  the  term  "real  estate"  or  "improvements." 


—  238  ■— 

Fifth — The  terms  "value"  and  "full  cash  value"  mean  the 
amount  at  which  the  property  would  be  taken  in  payment  of  a 
just  debt  due  from  a  solvent  debtor. 

Sixth — The  term  "credits"  means  those  solvent  debts,  not 
secured  by  mortgage  or  trust  deed,  owing  to  the  person,  firm, 
corporation,  or  association  assessed.  The  term  "debt"  means 
those  unsecured  liabilities  owing  by  the  person,  firm,  corpora- 
tion, or  association,  assessed  to  bona  fide  residents  of  this  State, 
or  firms,  associations,  or  corporations  doing  business  therein ; 
but  credits,  claims,  debts,  and  demands  due,  owing,  or  accruing 
for  or  on  account  of  money  deposited  with  savings  and  loan 
corporations,  shall,  for  the  purpose  of  taxation,  be  deemed  and 
treated  as  an  interest  in  the  property  of  such  corporation,  and 
shall  not  be  assessed  to  the  creditor  or  owner  thereof. 

Sec.  3.  Section  three  thousand  six  hundred  and  twenty- 
eight  is  hereby  amended  so  as  to  read  as  follows: 

3628.  The  franchise,  roadway,  roadbed,  rails,  and  rolling 
stock  of  all  railroads  operated  in  more  than  one  county  in  this 
State  shall  be  assessed  by  the  State  Board  of  Equalization, 
as  hereinafter  provided  for.  Other  franchises,  if  granted  by 
the  authorities  of  a  county,  city,  or  city  and  county,  must  be 
assessed  in  the  county,  city,  or  city  and  county  within  which 
they  were  granted;  if  granted  by  any  other  authority,  they 
must  be  assessed  in  the  county  in  which  the  corporations, 
firms,  or  persons  owning  or  holding  them  have  their  principal 
place  of  business.  All  other  taxable  property  shall  be  assessed 
in  the  county,  city,  or  city  and  county,  town,  township,  or  dis- 
trict in  which  it  is  situated.  Land  shall  be  assessed  in  parcels 
or  subdivisions,  not  exceeding  six  hundred  and  forty  acres 
each;  and  tracts  of  land  containing  more  than  six  hundred 
and  forty  acres,  which  have  been  sectionized  by  the  United 
States  Government,  shall  be  assessed  by  sections  or  fractions  of 
sections.  Lands  sold  by  the  State  for  which  no  patent  has 
been  issued,  shall  be  assessed  the  same  as  other  lands,  but  the 
owner  shall  be  entitled  to  a  deduction  from  such  assessed  val- 
uation in  the  amount  due  the  State  as  principal  upon  the  pur- 
chase price.  The  Assessor  must,  between  the  first  Mondays  in 
March  and  July  of  each  year,  ascertain  the  names  of  all  taxable 
inhabitants,  and  all  the  property  in  his  county  subject  to 
taxation,  except  such  as  is  required  to  be  assessed  by  the  State 
Board  of  Equalization,  and  must  assess  such  property  to  the 
persons  by  whom  it  was  owned  or  claimed,  or  in  whose  pos- 
session or  control  it  was,  at  twelve  o'clock  meridian,  of  the  first 
Monday  in  March  next  preceding;  but  no  mistake  in  the  name 
of  the  owner  or  supposed  owner  of  real  property  shall  render 
the  assessment  thereof  invalid.  In  assessing  solvent  credits 
not  secured  by  mortgage  or  trust  deed,  a  reduction  therefrom 
shall  be  made  of  debts  due  to  bona  fide  residents  of  this  State. 

Sec.  4.  Section  three  thousand  six  hundred  and  thirty  is 
hereby  amended  so  as  to  read  as  follows: 

3630.  The  Board  of  Supervisors  must  furnish  the  Assessor 
with  blank  forms,  as  prescribed  by  the  State  Board  of  Equali- 
zation, of  the  statements  provided  for  in  the  preceding  sections, 


—  239  — 

affixing  thereto  an  affidavit,  which  must  be  substantially  as  fol- 
lows: 

"  I, ,  do  swear  that  I  am  a  resident  of  the  county 

of  (naming  it);  that  the  above  list  contains  a  full  and  correct 
statement  of  all  property  subject  to  taxation  which  I,  or  any 
firm  of  which  I  am  a  member,  or  any  corporation,  associa- 
tion, or  company  of  which  I  am  President,  Cashier,  Secretary, 
or  Managing  Agent,  owned,  claimed,  possessed,  or  controlled, 
at  twelve  o'clock  m.,  on  the  first  Monday  in  March  last,  and 
which  is  not  already  assessed  this  year;  and  that  I  have  not, 
in  any  manner  whatsoever,  transferred  or  disposed  of  any  prop- 
erty, or  placed  any  property  out  of  said  county  or  my  posses- 
sion for  the  purpose  of  avoiding  any  assessment  upon  the  same, 
or  of  making  this  statement;  and  that  the  debts  therein  stated 
as  owing  by  me  are  owing  to  bona  fide  residents  of  this  State, 
or  to  firms  or  corporations  doing  business  in  this  State." 

The  affidavit  to  the  statement  on  behalf  of  a  firm  or  corpo- 
ration must  state  the  principal  place  of  business  of  the  firm  or 
corporation,  and  in  other  respects  must  conform  substantially 
to  the  preceding  form. 

Sec.  5.  A  new  section  is  hereby  added  to  the  Political  Code 
of  the  State  of  California,  to  be  known  and  designated  as  section 
three  thousand  six  hundred  and  forty : 

3640.  The  Assessor  or  his  deputies  must,  before  the  first 
Monday  in  June  of  each  year,  in  each  of  the  counties  and  cities 
and  counties,  visit  each  house  and  place  of  business  in  their 
districts,  and  enroll  in  a  field-enrollment  book,  in  such  form  as 
may  be  required  by  the  State  Board  of  Equalization,  all  male 
persons  residing  in  said  county  over  eighteen  years  of  age  and 
under  sixty  years  of  age  on  the  first  Monday  in  March  of  that 
year.  On  such  field-enrollment  book  shall  be  stated  whether 
the  person  enrolled  is  liable  to  a  State  poll  tax,  a  road  poll  tax, 
or  military  duty;  give  the  number  of  the  poll  tax  receipt,  and 
the  amount  paid,  if  poll  taxes  are  collected;  where  his  residence 
is,  post  office  address,  giving  street  and  number,  if  any;  occupa- 
tion, by  whom  employed;  whether  the  owner  of  real  estate;  the 
State  or  country  of  nativity;  whether  naturalized  or  not,  and 
any  reason  that  may  be  given  why  poll  tax  was  not  paid.  From 
such  field-enrollment  books  the  military  roll,  as  required  by 
section  one  thousand  eight  hundred  and  ninety-seven,  and  the 
roll  of  poll-tax  payers,  required  by  section  three  thousand  eight 
hundred  and  fifty-seven,  shall  be  made.  Personal  property 
unsecured  by  real  estate  must  be  assessed  and  taxes  collected 
at  the  time  of  enrollment  of  persons  for  poll  taxes;  receipt  must 
be  issued  for  personal  property  tax  from  a  stub-book,  having 
the  stubs  numbered  the  same  as  the  receipt;  such  stub-books 
shall  have  a  line  for  the  name  of  the  person  assessed,  the  amount 
of  the  assessment,  the  rate  collected,  and  lines  for  the  items 
assessed  for  collection,  the  total  amount,  the  date  of  collection, 
and  the  name  of  the  deputy  making  the  collection.  Such  blank 
personal-tax  receipt  books  shall  be  furnished  for  such  purpose 
by  the  Auditor,  and  all  unused  receipts  must  be  turned  in  by 
the  Assessor  with  his  settlement  for  personal  property  taxes  on 


—  240  — 

the  first  Monday  in  August  of  each  year.  The  Assessor  or  his 
deputies  shall  also  note  on  the  assessment  statement,  against 
each  tract  of  land  or  lot  assessed,  the  condition  of  surface  of 
each  tract,  using  the  words  level,  rolling,  broken,  hilly,  or  rocky; 
also,  the  quality  of  soil,  using  the  words  fruit,  grain,  pasture, 
timber,  or  rocks;  also,  whether  it  is  wet,  dry,  semi-moist,  or  has 
water  rights;  also,  the  kind  and  value  of  improvements  located 
on  each  tract  or  lot. 

Sec.  6.  Section  three  thousand  six  hundred  and  fifty  is 
hereby  amended  so  as  to  read  as  follows: 

3650.  The  Assessor  must  prepare  an  assessment  book, 
with  appropriate  headings  as  directed  by  the  State  Board  of 
Equalization,  in  which  must  be  listed  all  property  within  the 
county,  under  the  appropriate  head. 

1.  The  name  of  the  person  to  whom  the  property  is  assessed. 

2.  Land,  by  township,  range,  section,  or  fractional  section; 
and  when  such  land  is  not  a  congressional  division  or  sub- 
division, by  metes  and  bounds,  or  other  description  sufficient 
to  identify  it,  giving  an  estimate  of  the  number  of  acres,  not 
exceeding  in  each  and  every  tract  six  hundred  and  forty  acres, 
locality,  and  the  improvements  thereon.  When  any  tract  of 
land  is  situated  in  two  or  more  school,  road,  or  other  revenue 
districts  of  the  county,  the  part  in  each  township  or  district 
must  be  separately  assessed.  The  improvements  to  be  assessed 
against  the  particular  section,  tract,  or  lot  of  land  upon  which 
they  are  located. 

3.  City  and  town  lots,  naming  the  city  or  town,  and  the 
number  of  the  lot  and  block,  according  to  the  system  of  num- 
bering in  such  city  or  town,  and  the  improvements  thereon. 

4.  All  personal  property,  showing  the  number,  kind,  amount, 
and  quality;  but  a  failure  to  enumerate  in  detail  such  personal 
property  does  not  invalidate  the  assessment. 

5.  The  cash  value  of  real  estate,  other  than  city  or  town  lots. 

6.  The  cash  value  of  improvements  on  such  real  estate. 

7.  The  cash  value  of  city  and  town  lots. 

8.  The  cash  value  of  improvements  on  city  and  town  lots. 

9.  The  cash  value  of  improvements  on  real  estate  assessed  to 
persons  other  than  the  owners  of  the  real  estate. 

10.  The  cash  value  of  all  personal  property,  exclusive  of 
money. 

11.  The  amount  of  money. 

12.  The  assessment  of  the  franchise,  roadway,  roadbeds,  rails, 
and  rolling  stock  of  any  railroad,  as  apportioned  to  his  county 
by  the  State  Board  of  Equalization,  and  also  such  other  appor- 
tionments of  such  franchises,  roadways,  roadbeds,  rails,  and 
rolling  stock  as  may  be  made  by  such  Board,  and  furnished  to 
him  for  the  purpose  of  taxation  in  any  district  in  his  county. 
Taxable  improvements  owned  by  any  person,  firm,  association, 
or  corporation,  located  upon  land  exempt  from  taxation,  shall, 
as  to  the  manner  of  assessment,  be  assessed  as  other  real  estate 
upon  the  assessment  book.  No  value  shall,  however,  be  assessed 
against  the  exempt  land,  nor  under  any  circumstances  shall  the 
land  be  charged  with  or  become  responsible  for  the  assessment 
made  against  any  taxable  improvements  located  thereon. 


—  241  — 

13.  The  school,  road,  and  other  revenue  districts  in  which 
each  piece  of  property  assessed  is  situated. 

14.  The  total  value  of  all  property. 

15.  When  any  property,  except  that  owned  by  a  railroad  or 
other  quasi-public  corporation,  is  subject  to  or  affected  by  a 
mortgage,  deed  of  trust,  contract,  or  other  obligation  by  which 
a  debt  is  secured,  he  must  enter,  in  the  proper  column,  the 
value  of  such  security,  and  deduct  the  same.  In  entering 
assessments  containing  solvent  credits  subject  to  deductions,  as 
provided  in  section  three  thousand  six  hundred  and  twenty- 
eight  of  this  Code,  he  must  enter  in  the  proper  column  the 
value  of  the  debts  entitled  to  exemption  and  deduct  the  same. 
In  making  the  deductions  from  the  total  value  of  property 
assessed,  as  above  directed,  he  must  enter  the  remainder  in  the 
column  provided  for  the  total  value  of  all  property  for  taxation. 
Each  franchise  must  be  entered  in  the  assessment  book  without 
combining  the  same  with  other  property  or  the  valuation 
thereof. 

16.  The  figure  one  (1),  in  separate  columns,  opposite  the 
name  of  every  person  liable  to  pay  a  poll  tax. 

17.  Such  other  things  as  the  State  Board  of  Equalization 
may  require. 

Sec.  7.  Section  three  thousand  six  hundred  and  fifty-one 
is  hereby  amended  so  as  to  read  as  follows: 

3651.  The  Assessor  must  prepare  an  index  to  the  assess- 
ment book,  which  must  show  the  name  of  the  taxpayer,  each 
page  whereon  his  assessment  appears,  the  post  office  address, 
or  the  post  office  address  of  his  agent,  secretary,  or  managing 
agent,  when  known.  The  State  Board  of  Equalization  shall 
prescribe  the  form  of  such  index. 

Sec.  8.  Section  three  thousand  six  hundred  and  fifty-three 
is  hereby  amended  so  as  to  read  as  follows: 

3653.  1.  On  or  before  the  third  Monday  in  July  of  each 
year,  the  Assessor  must  furnish  such  incorporated  cities  and 
towns  within  the  county  as  shall  make  written  request  for  the 
same,  on  or  before  the  first  Monday  in  March  of  each  year,  a 
complete  certified  copy  of  his  assessment  book,  so  far  as  such 
assessment  book  pertains  to  property  within  the  limits  of  said 
incorporated  cities  and  towns. 

2.  The  Assessor  may  charge  incorporated  cities  and  towns  five 
cents  per  folio  of  one  hundred  words  for  each  copy  of  his  assess- 
ment book  furnished  such  incorporated  cities  and  towns. 

3.  The  Assessor  must,  on  the  first  Monday  of  each  month, 
furnish  all  such  incorporated  cities  and  towns  within  the  county 
as  shall  make  written  request  for  the  same,  a  description  of  all 
personal  property,  the  name  and  address,  by  street  and  number, 
of  the  owners,  and  assessed  value  thereof,  whenever  the  tax  on 
such  property  is  collected  by  the  Assessor. 

4.  The  Assessor  may  charge  incorporated  cities  and  towns 
five  cents  per  folio  of  one  hundred  words  for  such  description 
of  personal  property. 

Sec  9.     Section  three  thousand  six  hundred  and  fifty-four  is 
hereby  amended  so  as  to  read  as  follows: 
16 


—  242  — 

3654.  As  soon  as  completed,  the  assessment  book,  together 
with  the  map  books,  statements,  and  military  roll,  must  be 
delivered  to  the  Clerk  of  the  Board  of  Supervisors,  who  must 
immediately  give  notice  thereof,  and  of  the  time  the  Board 
will  meet  to  equalize  assessments,  by  publication  in  a  news- 
paper, if  any  is  printed  in  the  county;  if  none,  then  in  such 
manner  as  the  Board  may  direct.  In  the  meantime,  the  assess- 
ment book,  map  books,  and  statements  must  remain  in  his 
office  for  the  inspection  of  all  persons  interested.  After  the 
Board  of  Equalization  has  completed  its  labors,  the  map  books 
and  statements  shall  be  returned  to  the  County  Assessor's  office, 
and  shall  be  kept  in  said  office  for  future  reference. 

Sec.  10.  Section  three  thousand  six  hundred  and  fifty-five 
is  hereby  amended  so  as  to  read  as  follows: 

3655.  On  the  second  Monday  in  July  of  each  year,  the 
Assessor  of  each  county  must  transmit  to  the  State  Board  of 
Equalization,  in  such  form  as  said  Board  shall  require,  a  state- 
ment, showing: 

1.  The  several  kinds  of  personal  property. 

2.  The  average  and  total  value  of  each  kind. 

3.  The  number  of  live  stock,  number  of  bushels  of  grain, 
number  of  gallons  of  wines  or  liquors,  number  of  pounds  or 
tons  of  any  article  sold  by  the  pound  or  ton. 

4.  When  practicable,  the  separate  value  of  each  class  of  land, 
specifying  the  classes  and  the  number  of  acres  of  each. 

5.  A  true  statement  of  the  agricultural  and  industrial  pur- 
suits and  products  of  the  county,  with  such  other  statistical 
information  as  said  Board  shall  require. 

Sec.  11.  Section  three  thousand  six  hundred  and  fifty-six 
is  hereby  amended  so  as  to  read  as  follows: 

3656.  Every  Assessor  who  fails  to  complete  his  assess- 
ment book,  or  who  fails  to  transmit  the  statement  mentioned 
in  the  preceding  section  to  the  State  Board  of  Equalization, 
forfeits  the  sum  of  one  thousand  dollars,  to  be  recovered  on  his 
official  bond,  for  the  use  of  the  county,  in  an  action  brought 
in  the  name  of  the  People  by  the  Attorney-General,  when 
directed  to  do  so  by  the  State  Board  of  Equalization. 

Sec  12.  Section  three  thousand  six  hundred  and  fifty-eight 
is  hereby  amended  so  as  to  read  as  follows: 

3658.  The  Board  of  Supervisors  of  each  county  must  pro- 
vide map  and  plat  books  for  the  use  of  the  Assessor,  showing 
the  private  lands  owned  or  claimed  in  the  county,  and  if  sur- 
veyed under  the  authority  of  the  United  States,  the  divisions 
and  subdivisions  of  the  survey;  if  held  under  Spanish  grant, 
the  exterior  boundaries  of  such  grants,  the  divisions  and  sub- 
divisions and  number  of  acres  claimed.  Maps  of  cities  and 
villages  and  school  districts  must  in  like  manner  be  provided. 
The  State  Board  of  Equalization  shall  prescribe  the  forms  for 
such  map  and  plat  books,  and  may  require  such  map  and 
plat  books  to  be  indexed  to  show  owners'  names,  give  correct 
description  for  assessment,  show  improvements,  and  assessed 
value.  The  cost  of  making  such  map  and  plat  books  is  a 
county  charge,  and  must  be  paid  from  the  county  General 
Fund. 


—  243  — 

Sec.  13.  Section  three  thousand  six  hundred  and  sixty-one 
is  hereby  amended  so  as  to  read  as  follows: 

3661.  Any  taxpayer  who  shall  have  knowledge  of  any 
property  that  has  escaped  taxation  as  provided  in  the  preced- 
ing section,  may  file  with  the  Board  of  Supervisors  an  affidavit, 
setting  forth  the  fact  that  such  property  has,  through  the  will- 
ful failure  or  neglect  of  the  Assessor,  escaped  taxation,  together 
with  a  description  of  the  property  as  near  as  such  taxpayer 
may  be  able  to  give;  whereupon  said  Board  shall  direct  the 
District  Attorney  to  commence  an  action  on  the  Assessor's  bond 
for  the  amount  of  taxes  lost  from  such  willful  failure  or  neglect. 

Sec.  14.  Section  three  thousand  six  hundred  and  sixty-two 
is  hereby  amended  so  as  to  read  as  follows: 

3662.  On  the  trial  of  such  action,  the  value  of  the  prop- 
erty unassessed  being  shown,  judgment  for  the  amount  of  taxes 
that  should  have  been  collected  thereon  must  be  entered.  The 
amount  thus  recovered  shall  be  distributed  as  provided  in 
section  three  thousand  eight  hundred  and  sixteen  of  this  Code. 

Sec.  15.  Section  three  thousand  six  hundred  and  sixty-three 
is  hereby  amended  so  as  to  read  as  follows: 

3663.  Water  ditches  constructed  for  mining,  manufactur- 
ing, or  irrigating  purposes,  and  wagon  and  turnpike  toll  roads, 
must  be  assessed  the  same  as  real  estate  by  the  Assessor  of  the 
county,  at  a  rate  per  mile  for  that  portion  of  such  property  as 
lies  within  his  county.  All  telegraph  and  telephone  lines  shall 
be  described  in  the  same  manner  as  real  estate  is  described,  but 
assessed  as  personal  property  by  the  Assessor  of  the  county,  at 
a  rate  per  mile  for  that  portion  of  such  property  as  lies  within 
his  county. 

Sec  16.  Section  three  thousand  six  hundred  and  sixty-six 
is  hereby  amended  so  as  to  read  as  follows: 

3666.  The  State  Board  of  Equalization  must  prepare  each 
year  a  book,  to  be  called  "  Record  of  Assessments  of  Railways," 
in  which  must  be  entered  each  assessment  made  by  the  Board, 
either  in  writing  or  by  both  writing  and  printing.  Each  assess- 
ment so  entered  must  be  signed  by  the  Chairman  and  Clerk. 
The  record  of  the  apportionment  of  the  assessments  made  by 
the  Board  to  the  counties,  and  cities  and  counties,  must  be 
made  in  a  separate  book,  to  be  called  "  Record  of  Apportion- 
ment of  Railway  Assessments."  In  such  last  described  book 
must  be  entered  the  names  of  the  railways  assessed  by  the 
Board;  the  names  of  the  corporations  to  which,  or  the  name  of 
the  person  or  association  to  whom  was  assessed  each  railway 
in  the  State;  the  number  of  miles  thereof  in  each  county,  or 
city  and  county;  the  total  assessment  of  the  franchise,  roadway, 
roadbed,  rails,  and  rolling  stock,  for  purposes  of  State  taxation ; 
and  the  amount  of  the  apportionment  of  such  total  assessment 
to  each  county,  and  city  and  county,  for  county,  or  city  and 
county  taxation.  Before  the  third  Monday  in  September  of 
each  year,  the  Clerk  of  the  State  Board  of  Equalization  must 
prepare  and  transmit  to  the  Controller  of  State  duplicates  of 
the  "Record  of  Assessment  of  Railways"  and  "Record  of 
Apportionment  of  Railway  Assessments,"  each  certified  by  the 


—  244  — 

Chairman  and  Clerk  of  the  Board,  and  to  be  known,  respect- 
ively, as  "  Duplicate  Record  of  Assessment  of  Railways  "  and 
"  Duplicate  Record  of  Apportionment  of  Railway  Assessments." 
In  the  last-named  duplicate  all  necessary  appropriate  col- 
umns must  be  added,  in  which  the  Controller  must  enter  the 
amount  of  taxes  in  installments  due  the  State  upon  the  whole 
assessment,  by  each  corporation,  person,  or  association,  and  the 
amount  of  taxes,  in  installments,  due  each  county,  or  city,  and 
county,  upon  the  assessment  apportioned  to  each  county,  or 
city  and  county,  by  each  corporation,  person,  or  association. 
The  two  duplicates  constitute  the  warrant  for  the  Controller 
to  collect  the  State  and  county,  and  city  and  county  taxes 
levied  upon  such  property  assessed  by  the  Board,  and  the 
amount  of  the  apportionment  of  the  assessment  to  each  county 
and  city  and  county,  respectively. 

Sec.  17.  Section  three  thousand  six  hundred  and  sixty-seven 
is  hereby  amended  so  as  to  read  as  follows: 

3667.  When  the  Board  of  Supervisors  of  each  county,  and 
city  and  county,  to  which  the  State  Board  of  Equalization  has 
apportioned  the  assessment  of  railways,  shall  have  fixed  the 
rate  of  county,  or  city  and  county,  taxation,  the  Clerk  of  the 
Board  of  Supervisors  must,  within  three  days  after  such  rate 
has  been  fixed,  transmit  by  mail,  postage  paid,  to  the  Controller, 
in  such  form  as  the  Controller  shall  direct,  a  statement  of  the 
rate  of  taxation  levied  by  the  Board  of  Supervisors  for  county, 
or  city  and  county,  taxation.  If  the  Clerk  fails  to  transmit  such 
statement  in  the  time  herein  provided  for,  he  shall  forfeit  to  the 
State  one  thousand  dollars,  to  be  recovered  in  an  action  brought 
by  the  Attorney-General,  in  the  name  of  the  Controller.  On  or 
before  the  second  Monday  of  October,  the  Controller  must  com- 
pute and  enter  in  separate  money  columns,  in  the  "  Duplicate 
Record  of  Apportionment  of  Railway  Assessments,"  the  respect- 
ive sums,  in  dollars  and  cents,  rejecting  fractions  of  a  cent,  to  be 
paid  by  the  corporation,  person,  or  association  liable  therefor,  as 
the  State  tax  upon  the  total  amount  of  the  assessment,  and  the 
county,  or  city  and  county,  tax  upon  the  apportionment  of  the 
assessment  to  each  county,  and  city  and  county,  of  the  property 
assessed  to  such  corporation,  person,  or  association  named  in 
said  duplicate  record. 

Sec.  18.  Section  three  thousand  six  hundred  and  seventy  is 
hereby  amended  so  as  to  read  as  follows: 

3670.  Within  sixty  days  after  the  first  Monday  in  June 
of  each  year,  the  Controller  must  begin  an  action  in  the 
proper  Court,  in  the  name  of  the  People  of  the  State  of  Califor- 
nia, to  collect  the  delinquent  taxes  upon  the  property  assessed 
by  the  State  Board  of  Equalization;  such  suit  must  be  for  the 
taxes  due  the  State,  and  all  the  counties,  and  cities  and  coun- 
ties, upon  property  assessed  by  the  B®ard  of  Equalization,  and 
appearing  delinquent  upon  the  "Duplicate  Record  of  Apportion- 
ment of  Railway  Assessments."  The  provisions  of  the  Code 
of  Civil  Procedure  relating  to  pleadings,  proofs,  trials,  and 
appeals,  are  applicable  to  the  proceedings  herein  provided  for. 
In  such  action,  should  a  writ  of  attachment  be  demanded  and 


—  245  — 

issued,  no  bond  nor  affidavit  previous  to  the  issuing  of  said 
attachment  is  required.  If  in  such  action  the  plaintiff*  recover 
judgment,  there  shall  be  included  in  the  judgment  as  counsel 
fees,  and  in  case  of  judgment  of  taxes,  after  suit  brought  but 
before  judgment,  the  defendant  must  pay  as  counsel  fees  such 
sum  as  the  Court  may  determine  to  be  reasonable  and  just. 
Payment  of  the  taxes,  or  the  amount  of  the  judgment  in  the 
same,  must  be  made  to  the  State  Treasurer.  In  such  actions 
the  "  Duplicate  Record  of  Assessments  of  Railways,"  and  the 
"Duplicate  Record  of  Apportionment  of  Railway  Assessments," 
or  a  copy  of  them,  certified  by  the  Controller,  showing  unpaid 
taxes  against  any  corporation,  person,  or  association  for  property 
assessed  by  the  State  Board  of  Equalization,  is  prima  facie  evi- 
dence of  the  assessment,  the  property  assessed,  the  delinquency, 
the  amount  of  the  taxes  due  and  unpaid  to  the  State,  and  coun- 
ties, or  cities  and  counties  therein  named,  and  that  the  corpo- 
ration, person,  or  association  is  indebted  to  the  people  of  the 
State  of  California  in  the  amount  of  taxes,  State  and  county, 
and  city  and  county,  therein  appearing  unpaid,  and  that  all  the 
forms  of  law  in  relation  to  the  assessment  and  levy  of  such 
taxes  have  been  complied  with. 

Sec.  19.  Section  three  thousand  six  hundred  and  seventy- 
eight  is  hereby  amended  so  as  to  read  as  follows: 

3678.  To  assist  the  Assessor  in  the  performance  of  his 
duties,  the  Recorder  must  annually  transmit  to  the  Assessor, 
on  or  before  the  first  Monday  in  April  of  each  year,  a  complete 
abstract  of  all  mortgages,  deeds  of  trust,  contracts,  and  other 
obligations  by  which  any  debt  is  secured,  remaining  unsatisfied 
on  the  records  of  his  office,  not  barred  by  the  statute  of  limita- 
tion, at  twelve  o'clock  meridian,  on  the  first  Monday  of  March 
of  said  year.  Such  abstract  shall  be  written  under  appropriate 
headings,  to  embrace  all  information  requisite  for  the  Assessor, 
in  a  book  or  books  to  be  furnished  by  the  Board  of  Super- 
visors upon  the  requisition  of  the  Assessor.  Should  any  such 
list  be  found  to  contain  any  instrument  relating  to  lands  situ- 
ated in  more  than  one  county,  it  shall  be  the  duty  of  the 
Assessor  to  transmit  to  the  State  Board  of  Equalization  all 
information  relating  thereto  on  or  before  June  first  of  said 
year;  and  it  shall  be  the  duty  of  the  said  Board  to  attach  an 
apportionment  of  valuation  of  such  instrument  to  be  assessed 
in  each  county,  and  the  Board  shall  transmit  to  the  Assessor  of 
each  county  mentioned  as  affected  in  said  instrument,  a  state- 
ment of  valuation  of  assessment  to  be  levied  against  said  instru- 
ment in  each  county.  The  valuation  so  set  by  said  Board  shall 
be  final,  and  the  Assessor  shall  accept  said  valuation  and  charge 
said  assessment  upon  said  instrument  accordingly.  Should 
the  list  contain  any  instrument  mortgaging  or  pledging  two 
or  more  subdivisions  of  land,  or  land  assessed  in  two  or  more 
subdivisions  in  the  same  county,  township,  district,  or  city,  the 
Assessor  shall  apportion  the  amount  of  assessment  to  be  deducted 
from  each  subdivision  on  account  of  assessment  against  said 
instrument.  Any  assessment  on  a  mortgage,  or  deed  of  trust, 
which  has  been  erroneously  taxed  to  the  mortgagee,  or  party 


—  246  — 

loaning  the  money,  when  the  same  has  been  paid  or  satisfied 
prior  to  the  first  Monday  in  March,  shall  be  valid  only  as 
against  the  real  estate  from  the  assessment  on  which  a  reduc- 
tion has  been  previously  made.  When  partial  payments  have 
been  made  on  a  debt  secured  by  mortgage,  or  deed  of  trust, 
the  owner  is  authorized  to  make  the  proper  deduction,  listing 
only  the  balance  due  on  the  first  Monday  in  March.  The 
Recorder  must,  at  the  time  he  furnishes  the  abstract  of  mort- 
gages to  the  Assessor,  furnish  said  officer  with  a  complete  and 
true  statement  of  all  property  which  has  been  redeemed  under 
or  by  virtue  of  any  sale  made  to  the  State  for  delinquent  taxes, 
together  with  a  complete  and  true  statement  of  all  property  sold 
to  the  State  and  remaining  unredeemed.  When  necessary,  the 
Board  of  Supervisors  of  each  county  must  provide  for  the  pay- 
ment of  such  additional  clerical  force  as  may  be  required  to 
enable  the  County  Recorder  to  comply  with  this  section. 

Sec.  20.  A  new  section  is  hereby  added  to  the  Political  Code 
of  the  State  of  California,  to  be  known  and  designated  as  section 
three  thousand  six  hundred  and  eighty,  to  read  as  follows: 

3680.  Whenever  property  has  been  sold  for  taxes  and 
remains  unredeemed,  upon  each  subsequent  assessment  the 
Assessor  shall  enter  upon  the  assessment  book,  immediately 
after  the  description  of  the  property,  the  fact  that  said  property 
has  been  sold  for  taxes,  and  the  date  of  such  sale.  Upon  all 
bills  or  statements  of  or  for  taxes  accruing  on  said  property, 
subsequent  to  the  date  of  said  sale  and  prior  to  the  redemption 
of  said  property,  or  the  execution  to  the  State  of  a  deed  therefor, 
shall  be  distinctly  and  legibly  written,  printed,  or  stamped,  the 
words,  "  Sold  for  taxes,"  and  also  the  date  of  such  sale. 

Sec.  21.  Section  three  thousand  six  hundred  and  ninety-two 
is  hereby  amended  so  as  to  read  as  follows: 

3692.  The  powers  and  duties  of  the  State  Board  of 
Equalization  are  as  follows: 

1.  To  prescribe  rules  for  its  own  government  and  for  the 
transaction  of  its  business. 

2.  To  prescribe  rules  and  regulations,  not  in  conflict  with  the 
Constitution  and  laws  of  the  State,  to  govern  Supervisors  when 
equalizing,  and  Assessors  when  assessing. 

3.  To  make  out,  prepare,  and  enforce  the  use  of  all  forms  in 
relation  to  the  assessment  of  property,  collection  of  taxes,  and 
revenue  of  this  State. 

4.  To  hold  regular  meetings  at  the  State  Capitol,  on  the  second 
Monday  in  each  month,  and  such  special  meetings  as  the  Chair- 
man may  direct. 

5.  To  annually  assess  the  franchise,  roadway,  roadbed,  rails, 
and  rolling  stock  of  all  railroads  operated  in  more  than  one 
county  in  this  State,  at  their  actual  value,  on  the  first  Monday 
in  March,  at  twelve  o'clock  m.,  and  to  apportion  such  assess- 
ment to  the  counties  and  cities  and  counties  in  which  such 
railroads  are  located,  in  proportion  to  the  number  of  miles  of 
railway  laid  in  such  counties  and  cities  and  counties,  in  the 
manner  provided  for  in  section  three  thousand  six  hundred  and 
sixty-four  of  said  Code. 


—  247  — 

6.  To  equalize  the  assessment  of  each  mortgage,  deed  of  trust, 
contract,  or  other  obligation  by  which  a  debt  is  secured,  and 
which  affects  property  situate  in  two  or  more  counties,  and  to 
apportion  the  assessment  thereof  to  each  of  such  counties. 

7.  To  transmit  to  the  Assessor  of  each  county,  or  city  and 
county,  its  apportionment  of  the  assessments  made  by  said 
Board  upon  the  franchises,  roadways,  roadbeds,  rails,  and 
rolling  stock  of  railroads,  and  also  its  apportionment  of  the 
assessments  made  by  such  Board  upon  mortgages,  deeds  of 
trust,  contracts,  and  other  obligations  by  which  debts  are 
secured,  in  the  manner  provided  for  in  section  three  thousand 
six  hundred  and  sixty-four  of  said  Code. 

8.  To  meet  at  the  State  Capitol  on  the  first  Monday  in 
August,  and  remain  in  session  from  day  to  day,  Sundays 
excepted,  until  the  second  Monday  in  September. 

9.  At  such  meeting  to  equalize  the  valuation  of  the  taxable 
property  of  the  several  counties  in  this  State  for  the  purposes 
of  taxation;  and  to  the  end,  under  such  rules  of  notice  to  the 
Clerk  of  the  Board  of  Supervisors  of  the  county  affected  thereby, 
as  it  may  prescribe,  to  increase  or  lower  the  entire  assessment 
roll  so  as  to  equalize  the  assessment  of  the  property  contained 
in  said  roll,  and  make  the  assessment  conform  to  the  true  value 
in  money  of  the  property  assessed;  and  to  fix  the  rate  of  State 
taxation,  and  to  do  the  things  provided  in  section  three  thou- 
sand six  hundred  and  ninety-three  of  said  Code;  provided,  that 
no  Board  of  Equalization  shall  raise  any  mortgage,  deed  of  trust, 
contract,  or  other  obligation  by  which  a  debt  is  secured,  money, 
or  solvent  credits,  above  its  face  value. 

10.  To  visit  as  a  Board,  or  by  the  individual  members  thereof, 
whenever  deemed  necessary,  the  several  counties  of  the  State,  for 
the  purpose  of  inspecting  the  property  and  learning  the  value 
thereof. 

11.  To  call  before  it,  or  any  member  thereof,  on  such  visit, 
any  officers  of  the  county,  and  to  require  them  to  produce  any 
public  records  in  their  custody. 

12.  To  issue  subpoenas  for  the  attendance  of  witnesses  or  the 
production  of  books  before  the  Board,  or  any  member  thereof; 
which  subpoenas  must  be  signed  by  a  member  of  the  Board,  and 
may  be  served  by  any  person. 

13.  To  appoint  a  clerk,  prescribe  and  enforce  his  duties.  The 
clerk  shall  hold  his  office  during  the  pleasure  of  the  Board. 

14.  To  report  to  the  Governor,  annually,  a  statement,  show- 
ing: 

First — The  acreage  of  each  county  in  the  State  that  is 
assessed. 

Second — The  amount  assessed  per  acre. 

Third — The  aggregate  value  of  all  town  and  city  lots. 

Fourth — The  aggregate  value  of  all  real  estate  in  the  State. 

Fifth — The  kinds  of  personal  property  in  each  county,  and 
the  value  of  each  kind. 

Sixth — The  aggregate  value  of  all  personal  property  in  the 
State. 

Seventh — Any  information  relative  to  the  assessment  of  prop- 
erty, and  the  collection  of  revenue. 


—  248  — 

Eighth — Such  further  suggestions  as  it  shall  deem  proper. 
15.  To  keep  a  record  of  all  its  proceedings. 
Sec.  22.     Section  three  thousand  six  hundred  and  ninety- 
three  is  hereby  amended  so  as  to  read  as  follows: 

3693.  When,  after  a  general  investigation  by  the  Board, 
the  property  is  found  to  be  assessed  above  or  below  its  full  cash 
value,  the  Board  may,  without  notice,  so  determine,  and  must 
add  to  or  deduct  from  the  valuation  : 

1.  The  real  estate. 

2.  Improvements  upon  such  real  estate. 

3.  The  personal  property — such  per  centum,  respectively,  as 
is  sufficient  to  raise  or  reduce  it  to  its  full  cash  value;  provided, 
that  no  Board  of  Equalization  shall  raise  any  mortgage,  deed  of 
trust,  contract,  or  other  obligation  by  which  a  debt  is  secured, 
money,  or  solvent  credits,  above  its  face  value. 

Sec.  23.  Section  three  thousand  six  hundred  and  ninety- 
four  is  hereby  amended  so  as  to  read  as  follows: 

3694.  Every  County  Auditor  who  fails  to  forward  to  the 
State  Board  of  Equalization,  and  to  the  Controller,  the  state- 
ment provided  for  in  section  three  thousand  seven  hundred 
and  twenty-eight,  forfeits  to  the  State  one  thousand  dollars, 
to  be  recovered  in  an  action  brought  by  the  Attorney-General, 
in  the  name  of  the  State  Board  of  Equalization. 

Sec.  24.  Section  three  thousand  seven  hundred  and  four  is 
hereby  amended  so  as  to  read  as  follows: 

3704.  If  the  Board  of  Supervisors  of  any  county  fails  or 
refuses  either — 

1 .  To  furnish  the  Assessor  with  the  proper  books,  maps,  map 
books,  or  blanks  for  his  use;  or, 

2.  To  furnish  the  Assessor  necessary  office  room, 

Then  the  State  Board  of  Equalization  must,  upon  the  appli- 
cation of  the  Assessor,  furnish  the  necessary  books,  maps,  map 
books,  blanks,  or  office  room;  and  all  the  expense  incurred  in 
carrying  into  effect  the  provisions  of  this  section  must,  by  the 
Secretary  of  the  Board,  be  certified  to  the  Controller,  who  must, 
in  his  next  settlement  with  the  County  Treasurer  of  any  such 
county,  require  such  Treasurer  to  pay  the  amount  out  of  any 
funds  belonging  to  such  county. 

Sec  25.  Section  three  thousand  seven  hundred  and  five  is 
hereby  amended  so  as  to  read  as  follows: 

3705.  The  State  Board  of  Equalization  may,  by  an  order 
entered  upon  its  minutes,  and  certified  to  the  County  Auditor 
of  any  county,  extend,  for  not  exceeding  twenty  days,  the  time 
fixed  in  this  title  for  the  performance  of  any  act  by  the  County 
Assessor,  County  Auditor,  or  County  Boards  of  Equalization. 

Sec.  26.  Section  three  thousand  seven  hundred  and  fourteen 
is  hereby  amended  so  as  to  read  as  follows: 

3714.  The  Board  of  Supervisors  of  each  county  must,  on 
the  third  Monday  in  September,  fix  the  rate  of  county  taxes, 
designating  the  number  of  cents  on  each  one  hundred  dollars 
of  property  levied  for  each  fund,  and  must  levy  the  State  and 
county  taxes  upon  the  taxable  property  of  the  county;  provided, 
that  it  shall  not  be  lawful  for  any  Board  of  Supervisors  of  any 


—  249  — 

county  in  the  State  to  levy,  nor  shall  any  tax  greater  than  fifty 
cents  on  each  one  hundred  dollars  of  property  be  levied  and 
collected  in  any  one  year,  to  pay  the  bonded  indebtedness,  or 
judgment  arising  therefrom,  of  this  State,  or  of  any  county  or 
municipality  in  this  State. 

Sec.  27.  Section  three  thousand  seven  hundred  and  nineteen 
is  hereby  amended  so  as  to  read  as  follows: 

3719.  The  State  Board  of  Equalization  must  levy,  an- 
nually, at  the  time  other  State  taxes  are  levied,  a  tax  of  such 
number  of  cents  on  each  one  hundred  dollars  of  value  of  tax- 
able property  in  the  State  as  will  produce  a  net  sum  equal  to 
the  amount  directed  by  the  Legislature  as  being  necessary  to 
be  raised,  by  an  ad  valorem  tax,  for  school  purposes;  and  the 
assessment  and  collection  of  said  tax  shall  be  performed  in  the 
same  manner  and  at  the  same  time  as  other  State  taxes  are 
assessed  and  collected. 

Sec.  28.  Section  three  thousand  seven  hundred  and  twenty- 
eight  is  hereby  amended  so  as  to  read  as  follows: 

3728.  The  Auditor  must,  on  or  before  the  second  Monday 
in  August  in  each  year,  prepare  from  the  "Assessment  Book  " 
of  such  year,  as  corrected  by  the  Board  of  Supervisors,  dupli- 
cate statements,  showing  in  separate  columns — 

1.  The  number  of  acres  of  land. 

2.  The  total  value  of  all  property. 

3.  The  value  of  real  estate. 

4.  The  value  of  the  improvements  thereon. 

5.  The  value  of  personal  property,  exclusive  of  money. 

6.  The  amount  of  money. 

7.  The  assessed  value  of  mortgages. 

8.  The  assessed  value  of  all  property  sold  to  the  State  for 
taxes. 

Sec  29.  Section  three  thousand  seven  hundred  and  thirty 
is  hereby  amended  to  read  as  follows: 

3730.  As  soon  as  the  Auditor  receives  from  the  State  Board 
of  Equalization  a  statement  of  the  changes  made  by  the  Board 
in  the  assessment  book  of  the  county,  he  must  make  the  cor- 
responding changes  in  the  assessment  book,  by  entering  the 
same  in  a  column  provided  with  a  proper  heading  in  the  assess- 
ment book,  counting  any  fractional  sum  when  more  than  fifty 
cents  as  one  dollar,  and  omitting  it  when  less  than  fifty  cents, 
so  that  the  value  of  any  separate  assessment  shall  contain  no 
fraction  of  a  dollar;  but  he  shall,  in  all  cases,  disregard  any 
action  of  the  Board  of  Supervisors  which  is  prohibited  by  sec- 
tion three  thousand  six  hundred  and  thirty-three  of  this  Code. 

Sec.  30.  Section  three  thousand  seven  hundred  and  thirty- 
one  is  hereby  amended  so  as  to  read  as  follows: 

3731.  The  Auditor  must  then  compute,  and  enter  in  a 
separate  money  column  in  the  assessment  book,  the  respective 
sums,  in  dollars  and  cents,  rejecting  the  fractions  of  a  cent,  to 
be  paid  as  a  tax  on  the  property  therein  enumerated,  and  seg- 
regate and  place  in  the  proper  columns  of  the  book  the  respect- 
ive amounts  due  in  installments,  as  provided  in  section  three 
thousand  seven  hundred  and  forty-six  of  this  Code,  and  foot  up 


—  250  — 

the  column,  showing  the  total  amount  of  such  taxes,  and  the 
columns  of  total  value  of  property  in  the  county,  as  corrected 
under  the  direction  of  the  State  Board  of  Equalization. 

Sec.  31.  Section  three  thousand  seven  hundred  and  thirty- 
two  is  hereby  amended  so  as  to  read  as  follows: 

3732.  On  or  before  the  first  Monday  in  October,  he  must 
deliver  the  corrected  assessment  book  to  the  Tax  Collector,  wTith 
an  affidavit  attached  thereto,  and  by  him  subscribed,  as 
follows: 

"I.  ,  Auditor  of  the  county  of  ,   do  swear  that  I 

received  the  assessment  book  of  the  taxable  property  from  the 
Clerk  of  the  Board  of  Supervisors,  with  his  affidavit  thereto 
affixed,  and  that  I  have  corrected  it  and  made  it  to  conform  to 
the  requirements  of  the  State  Board  of  Equalization;  that  I 
have  reckoned  the  respective  sums  due  as  taxes,  and  have  added 
up  the  columns  of  valuation,  taxes,  and  acreage,  as  required  by 
law." 

Sec.  32.  Section  three  thousand  seven  hundred  and  thirty- 
three  is  hereby  repealed. 

Sec  33.  Section  three  thousand  seven  hundred  and  thirty- 
four  is  hereby  amended  so  as  to  read  as  follows: 

3734.  On  delivering  the  assessment  book  to  the  Tax  Col- 
lector, the  Auditor  must  charge  the  Tax  Collector  with  the  full 
amount  of  the  taxes  levied,  except  the  taxes  due  upon  railway 
assessments  made  by  the  State  Board  of  Equalization,  and  forth- 
with transmit  by  mail  to  the  Controller  of  State  a  statement  of 
the  amount  so  charged. 

Sec  34.  Section  three  thousand  seven  hundred  and  thirty- 
six  is  hereby  amended  so  as  to  read  as  follows: 

3736.  The  Auditor,  if  the  assessment  book;  or  the  delin- 
quent tax  list  is  transferred  from  one  Collector  to  another,  must 
credit  the  one  and  charge  the  other  with  the  amount  then  out- 
standing on  the  tax  list. 

Sec  35.  Section  three  thousand  seven  hundred  and  thirty- 
seven  is  hereby  repealed. 

Sec  36.  Section  three  thousand  seven  hundred  and  thirty- 
eight  is  hereby  amended  so  as  to  read  as  follows: 

3738.  On  or  before  the  first  Monday  in  March  of  each 
year,  the  Auditor  shall  furnish  the  Assessor  with  blank  "  per- 
sonal property"  receipts  in  book  form,  with  stubs  attached, 
numbered  the  same  as  the  receipts,  each  book  having  fifty 
receipts,  in  a  form  prescribed  in  section  three  thousand  six 
hundred  and  forty,  and  charge  the  Assessor  with  the  number 
of  receipts  issued.  On  the  first  Monday  in  August,  the  Assessor 
shall  return  all  unused  receipts,  and  the  Auditor  shall  credit 
him  with  the  numbers  returned. 

Sec  37.  Section  three  thousand  seven  hundred  and  forty- 
six  is  hereby  amended  so  as  to  read  as  follows: 

3746.  Within  ten  days  after  the  receipt  of  the  assessment 
book,  the  Tax  Collector  must  publish  a  notice,  specifying: 

1.  That  the  taxes  on  all  personal  property  secured  by  real 
property,  and  one  half  of  the  taxes  on  all  real  property,  will  be 
due  and  payable  on  the  first  Monday  in  October,  and  will  be 


—  251  — 

delinquent  on  the  last  Monday  in  November  next  thereafter, 
at  six  o'clock  p.  m.,  and  that  unless  paid  prior  thereto,  fifteen 
per  cent  will  be  added  to  the  amount  thereof,  and  that  if  said 
one  half  be  not  paid  before  the  last  Monday  in  April  next,  at 
six  o'clock  p.  m.,  an  additional  five  per  cent  will  be  added 
thereto.  That  the  remaining  one  half  of  the  taxes  on  all  real 
property  will  be  payable  on  and  after  the  first  Monday  in 
January  next,  and  will  be  delinquent  on  the  last  Monday  in 
April  next  thereafter,  at  six  o'clock  p.  m.,  and  that  unless  paid 
prior  thereto,  five  per  cent  will  be  added  to  the  amount  thereof. 

2.  That  all  taxes  may  be  paid  at  the  time  the  first  install- 
ment, as  herein  provided,  is  due  and  payable. 

3.  The  times  and  places  at  which  payment  of  taxes  may  be 
made. 

Sec.  38.  Section  three  thousand  seven  hundred  and  forty- 
seven  is  hereby  amended  so  as  to  read  as  follows: 

3747.  The  taxes  on  any  particular  lot,  piece,  or  parcel  of 
land  contained  in  any  assessment  may  be  paid  separately  from 
the  whole  assessment,  by  paying  the  amount  of  State  and  county 
taxes  due  on  such  lot,  piece,  or  parcel  of  land,  with  a  proper 
proportion  of  the  amounts  due  as  tax  on  personal  property, 
penalties,  if  any,  and  a  proper  proportion  of  the  tax  due  to  any 
school,  road,  or  other  lesser  taxation.  The  Tax  Collector  shall 
make  an  entry  on  the  margin  of  the  assessment  book,  showing 
what  certain  property  has  been  released  by  the  payment  of  the 
taxes  as  herein  provided,  together  with  the  amounts  of  such 
taxes  separately  and  specifically  set  forth. 

Sec.  39.  Section  three  thousand  seven  hundred  and  forty- 
eight  is  hereby  amended  so  as  to  read  as  follows: 

3748.  All  taxes  must  be  paid  at  the  office  of  the  Tax  Col- 
lector, unless  the  Board  of  Supervisors  by  order,  made  on  or 
before  the  first  Monday  in  October,  direct  that  the  taxes  must 
be  collected  in  the  several  townships  of  the  county,  or  in  either 
thereof,  or  in  any  municipal  corporation  in  said  county;  in 
which  case,  the  notice  by  the  Tax  Collector  must  specify  a  time 
and  place  within  any  township  or  municipal  corporation  named 
in  such  order,  when  and  where  the  Tax  Collector  will  attend  to 
receive  the  payment  of  taxes. 

Sec.  40.  Section  three  thousand  seven  hundred  and  fifty-two 
is  hereby  amended  so  as  to  read  as  follows: 

3752.  The  Superior  Court  must  require  every  adminis- 
trator or  executor  to  pay  out  of  the  funds  of  the  estate  all  taxes 
due  from  such  estate;  and  no  order  or  decree  for  the  distribu- 
tion of  any  property  of  any  decedent  among  the  heirs  or 
devisees  must  be  made  until  all  taxes  against  the  estate  are 
paid.  In  the  same  manner,  the  Court  must  require  the  assignee 
to  pay  out  of  the  funds  of  an  insolvent's  estate  all  taxes  due 
from  such  estate;  and  no  final  discharge  to  such  assignee  shall 
be  granted  until  all  taxes  against  the  insolvent's  estate  are  paid. 

Sec  41.  Section  three  thousand  seven  hundred  and  fifty-six 
is  hereby  amended  so  as  to  read  as  follows: 

3756.  On  the  last  Monday  in  November  of  each  year,  at 
six  o'clock  p.  m.,  all  taxes  then  unpaid,  except  the  last  install- 


—  252  — 

ment  of  the  real  property  taxes,  are  delinquent,  and  thereafter 
the  Tax  Collector  must  collect,  for  the  use  of  the  county,  or  city 
and  county,  an  addition  of  fifteen  per  cent  thereon;  provided, 
that  if  they  be  not  paid  before  the  last  Monday  in  April  next 
succeeding,  at  six  o'clock  p.  m.,  he  shall  collect  an  addition  of 
five  per  cent  thereon.  On  the  last  Monday  in  April  of  each 
year,  at  six  o'clock  p.  m.,  all  the  unpaid  portion  of  the  remain- 
ing one  half  of  the  taxes  on  all  real  property  are  delinquent, 
and  thereafter  the  Tax  Collector  must  collect,  for  the  use  of  the 
county,  or  city  and  county,  an  addition  of  five  per  cent  thereon; 
provided,  that  the  entire  tax  on  any  real  property  may  be  paid 
at  the  time  the  first  installment,  as  above  provided,  is  due  and 
payable;  and  provided  further,  that  the  taxes  on  all  personal 
property  unsecured  by  real  property  shall  be  due  and  payable 
immediately  after  the  assessment  of  said  personal  property  is 
made. 

Sec.  42.  Section  three  thousand  seven  hundred  and  fifty- 
eight  is  hereby  amended  so  as  to  read  as  follows: 

3758.  On  the  second  Monday  in  December  of  each  year,  in 
each  of  the  counties,  and  cities  and  counties  of  this  State,  the 
Tax  Collector  must  attend  at  the  office  of  the  Auditor  with  the 
assessment  book,  having  all  items  of  taxes  collected  marked 
"paid."  The  Auditor  shall  thereupon  compute  and  enter 
against  all  the  items  of  taxes  due  and  unpaid  the  penalty  for 
delinquency,  foot  up  the  total  amount  of  penalties  then  due, 
and  must,  within  ten  days  thereafter,  deliver  to  said  Tax  Col- 
lector the  assessment  book  and  charge  him  with  the  amount  of 
said  penalties.  After  April  thirtieth,  and  on  or  before  the 
second  Monday  in  May  of  each  year,  the  Tax  Collector  must 
notify  all  persons,  or  their  agents,  by  mail  when  post  office 
address  can  be  ascertained,  that  their  taxes  have  become  delin- 
quent, the  amount  of  said  taxes,  and  that  the  same  will  be  sold 
unless  paid  prior  to  the  third  day  of  July  of  that  year. 

Sec.  43.  Section  three  thousand  seven  hundred  and  fifty- 
nine  is  hereby  amended  so  as  to  read  as  follows: 

3759.  On  the  third  Monday  in  May  of  each  year, in  each 
of  the  counties,  and  cities  and  counties  of  this  State,  the  Tax 
Collector  must  attend  at  the  office  of  the  Auditor  with  the 
assessment  book,  having  all  items  of  taxes  and  penalties  col- 
lected marked  "  paid,"  and  at  the  same  time  he  shall  deliver 
to  the  Auditor  a  complete  delinquent  list  of  all  persons  and 
property  then  owing  taxes. 

Sec.  44.  Section  three  thousand  seven  hundred  and  sixty-two 
is  hereby  amended  so  as  to  read  as  follows: 

3762.  After  settlement  with  the  Tax  Collector,  as  pre- 
scribed in  the  preceding  section,  the  Auditor  must  charge  the 
Tax  Collector  then  acting  with  the  amount  of  taxes  due  on 
the  delinquent  tax  list,  with  the  penalty  or  penalties  added 
thereto,  and  within  three  days  thereafter  deliver  the  list,  duly 
certified,  to  such  Tax  Collector. 

Sec  45.  Section  three  thousand  seven  hundred  and  sixty- 
four  is  hereby  amended  so  as  to  read  as  follows: 

3764.  On  or  before  the  fifth  day  in  June  of  each  year 
the   Tax  Collector   must   publish   the   delinquent   list,  which 


—  253  — 

must  contain  the  names  of  the  persons  and  a  description  of 
the  property  delinquent,  and  the  amount  of  taxes,  penalties, 
and  costs  due,  opposite  each  name  and  description,  with  the 
taxes  due  on  personal  property,  the  delinquent  State,  poll,  road, 
and  hospital  tax,  the  taxes  due  each  school,  road,  or  other  lesser 
taxation  district,  added  to  the  taxes  on  real  estate,  where  the 
real  estate  is  liable  therefor,  or  the  several  taxes  are  due  from 
the  same  person.  The  expense  of  the  publication  to  be  a  charge 
against  the  county,  or  city  and  county. 

Sec.  46.  Section  three  thousand  seven  hundred  and  sixty- 
five  is  hereby  amended  so  as  to  read  as  follows: 

3765.  The  Tax  Collector  must  append  and  publish  with 
the  delinquent  list  a  notice  that  unless  the  taxes  delinquent, 
together  with  the  costs  and  penalties,  are  paid,  the  real  property 
upon  which  such  taxes  are  a  lien  will  be  sold. 

Sec.  47.  Section  three  thousand  seven  hundred  and  sixty- 
six  is  hereby  amended  so  as  to  read  as  follows: 

3766.  The  publication  must  be  made  once  a  week  for 
three  successive  weeks  in  some  newspaper,  or  supplement  there- 
to, published  in  the  county,  and  the  Board  of  Supervisors  must 
contract  for  such  publication  with  the  lowest  bidder,  and  after 
ten  days'  public  notice  that  such  will  be  let.  The  bidding  must 
be  by  sealed  proposals.  If  there  is  no  newspaper  published  in 
the  county,  then  by  posting  a  copy  of  the  list  in  three  public 
places  in  each  township. 

Sec  48.  Section  three  thousand  seven  hundred  and  sixty- 
seven  is  hereby  amended  so  as  to  read  as  follows: 

3767.  The  publication  must  designate  the  day  and  hour 
when  the  property  will,  by  operation  of  law,  be  sold  to  the 
State,  which  sale  must  not  be  less  than  twenty-one  nor  more 
than  twenty-eight  days  from  the  time  of  the  first  publication, 
and  the  place  shall  be  in  the  Tax  Collector's  office. 

Sec.  49.  Section  three  thousand  seven  hundred  and  sixty- 
eight  is  hereby  repealed. 

Sec.  50.  Section  three  thousand  seven  hundred  and  seventy 
is  hereby  amended  so  as  to  read  as  follows: 

3770.  The  Tax  Collector  must  collect,  in  addition  to  the 
taxes  due  on  the  delinquent  list,  together  with  the  penalties  for 
delinquency,  fifty  cents  on  each  lot,  piece,  or  tract  of  land  sep- 
arately assessed,  and  on  each  assessment  of  personal  property, 
which  shall  be  paid  to  the  county  and  be  placed  to  the  credit 
of  the  salary  fund. 

Sec  51.  Section  three  thousand  seven  hundred  and  seventy- 
one  is  hereby  amended  so  as  to  read  as  follows: 

3771.  On  the  day  and  hour  fixed  for  the  sale,  all  the 
property  delinquent,  upon  which  the  taxes  of  all  kinds,  pen- 
alties, and  oosts  have  not  been  paid,  shall,  by  operation  of  law 
and  the  declaration  of  the  Tax  Collector,  be  sold  to  the  State, 
and  said  Tax  Collector  shall  make  an  entry,  "  Sold  to  the  State," 
on  the  delinquent  assessment  list,  opposite  the  tax,  and  he 
shall  be  credited  with  the  amount  thereof  in  his  settlement 
made  pursuant  to  sections  three  thousand  seven  hundred  and 
ninety-seven,  three  thousand  seven  hundred  and  ninety-eight, 


—  254  — 

and  three  thousand  seven  hundred  and  ninety-nine;  provided, 
that  on  the  day  of  sale  the  owner  or  person  in  possession  of 
any  property  offered  for  sale  for  taxes  due  thereon,  may  pay 
the  taxes,  penalties,  and  costs  due;  and  provided  further,  that 
when  the  original  tax  amounts  to  the  sum  of  three  hundred 
dollars  or  more  upon  any  piece  of  property  or  assessment 
delinquent,  the  State  may  bring  suit  against  the  owner  of  said 
property  for  the  collection  of  said  tax  or  taxes,  penalties,  and 
costs,  as  provided  in  section  three  thousand  eight  hundred 
and  ninety-nine. 

Sec.  52.  Section  three  thousand  seven  hundred  and  seventy- 
two  is  hereby  amended  so  as  to  read  as  follows: 

3772.  Immediately  upon  completion  of  the  sale  provided 
for  in  the  preceding  section,  the  Tax  Collector  must,  by  mail  or 
express,  transmit  to  the  Controller  a  statement  or  report,  in  such 
form  as  the  Controller  may  desire,  showing  in  detail  each  sale 
wherein  the  State  became  such  purchaser. 

Sec.  53.  Section  three  thousand  seven  hundred  and  seventy- 
three  is  hereby  repealed. 

Sec.  54.  Section  three  thousand  seven  hundred  and  seventy- 
four  is  hereby  repealed. 

Sec  55.  Section  three  thousand  seven  hundred  and  seventy- 
five  is  hereby  repealed. 

Sec  56.  Section  three  thousand  seven  hundred  and  seventy- 
six  is  hereby  amended  so  as  to  read  as  follows: 

3776.  The  Tax  Collector  must  make  out  a  certificate  of 
delinquent  tax  sale  for  each  piece  or  tract  of  land  sold,  dated 
on  the  day  of  the  sale,  stating  (when  known)  the  name  of  the 
person  assessed,  a  description  of  the  land  sold,  that  it  was  sold 
for  delinquent  taxes  to  the  State,  and  giving  the  amount  and 
year  of  the  assessment,  and  specifying  when  the  State  will  be 
entitled  to  a  deed. 

Sec.  57.  Section  three  thousand  seven  hundred  and  seventy- 
seven  is  hereby  amended  so  as  to  read  as  follows: 

3777.  Such  certificate  must  be  signed  by  the  Tax  Col- 
lector, regularly  numbered  in  a  book,  and  the  book  must  be 
filed  in  the  office  of  the  County  Recorder,  and  when  so  filed 
with  the  Recorder's  filing  on  each  certificate  in  said  book,  it 
must  be  regarded  as  recorded  in  the  Recorder's  office.  The 
State  Controller  shall  prescribe  the  form  of  such  certificate  of 
sale  and  record  book.  The  Recorder  must  index  such  certifi- 
cates of  sale  in  an  index  book,  kept  for  that  purpose,  the  form 
of  which  shall  be  prescribed  by  the  State  Controller.  In  case 
of  a  redemption,  or  a  subsequent  sale  of  any  of  said  property 
by  the  State,  the  Recorder  must  enter  on  the  margin  of  the 
certificate,  describing  such  property  in  said  certificate  book  of 
record  in  his  office,  the  fact  of  such  redemption  or  sale,  giving 
the  date  thereof,  and  by  whom  redeemed. 

Sec  58.  Section  three  thousand  seven  hundred  and  seventy- 
eight  is  hereby  repealed. 

Sec  59.  Section  three  thousand  seven  hundred  and  seventy- 
nine  is  hereby  repealed. 


—  255  — 

Sec.  60.  Section  three  thousand  seven  hundred  and  eighty- 
is  hereby  amended  so  as  to  read  as  follows: 

3780.  A  redemption  of  the  property  sold  may  be  made  by 
the  owner,  or  any  party  in  interest,  within  five  years  from  the 
date  of  the  sale  to  the  State,  or  at  any  time  prior  to  the  entry 
or  sale  of  said  land  by  the  State,  in  the  manner  provided  by  sec- 
tion three  thousand  eight  hundred  and  seventeen. 

Sec.  61.  Section  three  thousand  seven  hundred  and  eighty- 
one  is  hereby  amended  so  as  to  read  as  follows: 

3781.  Redemption  must  be  made  to  the  County  Treasurer 
on  an  estimate  furnished  by  the  Auditor,  in  lawful  money  of  the 
United  States,  and  the  Treasurer  must  account  to  the  State  for 
all  moneys  received  under  such  redemption,  which  said  moneys 
shall  be  distributed  in  the  manner  provided  by  section  three 
thousand  eight  hundred  and  sixteen. 

Sec  62.  Section  three  thousand  seven  hundred  and  eighty- 
five  is  hereby  amended  so  as  to  read  as  follows: 

3785.  If  the  property  is  not  redeemed  within  the  time 
allowed  by  law  for  its  redemption,  the  Tax  Collector,  or  his 
successor  in  office,  must  make  the  State  a  deed  of  the  property, 
reciting  in  such  deed  the  name  of  the  person  assessed  (when 
known),  the  date  of  sale,  a  description  of  the  land  sold,  the 
amount  for  which  it  was  sold,  that  it  was  sold  for  delinquent 
taxes,  giving  the  assessed  value  and  the  year  of  assessment,  the 
time  when  the  right  of  redemption  had  expired,  and  that  no 
person  has  redeemed  the  property  in  the  time  allowed  by  law 
for  its  redemption.  No  charge  shall  be  made  by  the  Tax  Col- 
lector for  the  making  of  any  such  deed,  and  the  acknowledg- 
ment of  all  such  deeds  shall  be  taken  by  the  County  Clerk  free 
of  charge.  All  such  deeds  shall  be  recorded  in  the  office  of  the 
County  Recorder  of  the  county  wherein  the  property  sold  is 
situated,  and  said  Recorder  shall  make  no  charge  therefor. 
The  State  Controller  shall  provide  uniform  blank  deeds,  upon 
which  all  conveyances  to  the  State  under  the  provisions  of  this 
section  shall  be  made.  All  such  deeds,  after  being  duly 
recorded  as  herein  provided,  shall  be  forwarded  by  the  County 
Recorder  to  the  Controller.  The  Controller  shall  record  such 
deeds  at  length  in  a  book  to  be  provided  for  that  purpose,  in 
which  book  a  marginal  space  shall  be  left  to  show  the  subse- 
quent disposition  of  the  property  by  the  State;  provided,  how- 
ever, that  when  State  lands  have  been  sold  to  the  State  upon 
which  the  full  purchase  price  of  one  dollar  and  twenty-five 
cents  per  acre  has  not  been  paid,  the  deeds  to  the  State,  after 
being  duly  recorded  as  herein  provided,  shall  be  forwarded  by 
the  County  Recorder  to  the  Surveyor-General,  and  remain  on 
file  in  his  office,  and  the  State  shall  dispose  of  such  lands  in 
the  manner  provided  in  section  three  thousand  seven  hundred 
and  eighty-eight.  In  all  cases  where  land  has  heretofore  been 
sold  to  the  State  for  delinquent  taxes,  the  deed  therefor  shall 
be  made  to  the  State  within  one  year  after  this  Act  takes 
effect;  provided,  five  years  shall  have  elapsed  after  the  date  of 
such  sale. 

Sec  63.  Section  three  thousand  seven  hundred  and  eighty- 
seven  is  hereby  amended  so  as  to  read  as  follows: 


—  256  — 

3787.  Such  deed,  duly  acknowledged  or  proved,  is  (except 
as  against  actual  fraud)  conclusive  evidence  of  the  regularity 
of  all  other  proceedings,  from  the  assessment  by  the  Assessor, 
inclusive,  up  to  the  execution  of  the  deed.  Such  deed  conveys 
to  the  State  the  absolute  title  to  the  property  described  therein, 
free  of  all  incumbrances,  except  when  the  land  is  owned  by  the 
United  States,  or  this  State,  in  which  case  it  is  prima  facie 
evidence  of  the  right  of  possession,  accrued  as  of  the  date  of  the 
deed  to  the  State. 

Sec.  64.  Section  three  thousand  seven  hundred  and  eighty- 
eight  is  hereby  amended  so  as  to  read  as  follows: 

3788.  When  State  lands,  upon  which  the  full  purchase 
price  of  one  dollar  and  twenty-five  cents  per  acre  has  not  been 
paid,  and  the  deed  therefor  to  the  State  provided  for  in  section 
three  thousand  seven  hundred  and  eighty-five  has  been  for- 
warded to  and  filed  with  the  Surveyor-General,  the  said  lands 
shall  again  become  subject  to  entry  and  sale,  in  the  same  man- 
ner, and  subject  to  the  same  conditions,  as  apply  to  other  State 
lands  of  like  character,  except  that  the  former  possessors  of  the 
lands  thus  deeded  to  the  State,  their  heirs  or  assigns,  shall  be 
preferred  purchasers  thereof  for  the  period  of  six  months  after 
the  deeds  are  filed  with  the  Surveyor-General;  but  the  Surveyor- 
General  shall  not  permit  an  entry  or  make  a  sale  of  any  lands 
thus  deeded  to  the  State,  except  upon  the  previous  payment 
into  the  State  Treasury,  as  other  moneys  are  required  to  be  paid 
therein,  in  addition  to  the  price  of  said  lands  as  compared  with 
the  price  fixed  for  other  State  lands  of  like  character,  by  the 
person  or  persons  proposing  to  make  the  entry  or  purchase,  of 
a  sum  equal  to  the  delinquent  taxes,  penalties,  costs,  and  accru- 
ing costs,  by  virtue  whereof  the  State  became  a  purchaser  of  the 
lands  thus  sought  to  be  entered  or  purchased,  and  also  all  delin- 
quent taxes,  penalties,  and  costs  which  may  have  accrued  upon 
such  lands  prior  to  and  subsequent  to  the  date  of  the  sale  to  the 
State,  in  pursuance  of  which  the  State  received  a  deed  therefor. 
The  money  thus  paid  into  the  treasury  shall  be  distributed  in 
the  manner  prescribed  in  section  three  thousand  eight  hundred 
and  sixteen;  provided,  that  the  moneys  received  for  twenty  per 
cent  of  the  purchase  money  and  accruing  interest,  together  with 
the  principal,  in  case  of  full  payment  on  the  lands,  shall  be 
distributed  by  the  Surveyor-General,  in  the  manner  now  pro- 
vided by  law  for  such  distribution. 

Sec.  65.  Section  three  thousand  seven  hundred  and  eighty- 
nine  is  hereby  amended  so  as  to  read  as  follows: 

3789.  The  assessment  book  or  delinquent  list,  or  copy 
thereof,  certified  by  the  County  Auditor,  showing  unpaid  taxes 
against  any  person  or  property,  is  prima  facie  evidence  of  the 
assessment,  the  property  assessed,  the  delinquency,  the  amount 
of  taxes  due  and  unpaid,  and  that  all  the  forms  of  law  in  rela- 
tion to  the  assessment  and  levy  of  such  taxes  have  been  com- 
plied with. 

Sec  66.  Section  three  thousand  seven  hundred  and  ninety 
is  hereby  amended  so  as  to  read  as  follows: 

3790.  The  Assessor  of  each  county,  and  city  and  county, 
shall  have  power,  between  the  first  Monday  in  March  and  the 


—  257  — 

third  Monday  in  July  of  each  year,  to  collect  the  taxes  due  on. 
personal  property,  except  when  real  estate  is  liable  therefor,  by 
seizure  and  sale  of  any  personal  property  owned  by  the  delin- 
quent. 

Sec.  67.  Section  three  thousand  seven  hundred  and  ninety- 
three  is  hereby  amended  so  as  to  read  as  follows: 

3793.  For  seizing  or  selling  personal  property,  the  As- 
sessor may  charge  in  each  case  the  sum  of  three  dollars,  and 
the  same  mileage  as  is  allowed  by  law  to  the  Sheriff  of  the 
county. 

Sec  68.  Section  three  thousand  seven  hundred  and  ninety- 
seven  is  hereby  amended  so  as  to  read  as  follows: 

3797.  The  Tax  Collector  must,  on  or.  before  the  last  day 
in  June  of  each  year,  attend  at  the  office  of  the  Auditor  with  the 
delinquent  list,  with  all  items  collected  marked  "  paid  "  thereon, 
and  the  Auditor  must  then  carefully  compare  the  list  with  the 
assessment  of  persons  and  property  not  marked  "  paid  "  on  the 
assessment  book,  and  when  taxes  have  been  paid,  m.ust  note  the 
fact  in  the  appropriate  column  in  the  assessment  book. 

Sec.  69.  Section  three  thousand  seven  hundred  and  ninety- 
nine  is  hereby  amended  so  as  to  read  as  follows: 

3799.  The  Auditor  must  then  foot  up  the  amount  of  taxes 
unpaid,  and  credit  the  Tax  Collector  with  the  amount,  and 
have  a  final  settlement  with  him;  and  the  delinquent  list  must 
remain  on  file  in  the  Auditor's  office. 

Sec.  70.  Section  three  thousand  eight  hundred  is  hereby 
amended  so  as  to  read  as  follows: 

3800.  At  the  time  mentioned  in  section  three  thousand 
seven  hundred  and  sixty -four,  the  Tax  Collector  must  make  an 
affidavit,  indorsed  on  the  list,  that  the  taxes  not  marked  "paid " 
have  not  been  paid. 

Sec  71.  A  new  section  is  hereby  added  to  the  Political 
Code  of  the  State  of  California,  to  be  known  and  designated  as 
section  three  thousand  eight  hundred  and  one,  to  read  as  fol- 
lows: 

3801.  It  shall  be  the  duty  of  the  Tax  Collector,  within 
thirty  days  after  the  sale  of  any  land  for  delinquent  taxes,  to 
furnish  to  the  Auditor  the  complete  printed  list  of  all  such 
lands  so  sold,  and  thereupon  the  Auditor  shall  enter  upon  the 
assessment  book,  immediately  after  the  description  of  the  prop- 
erty, the  fact  that  said  property  has  been  sold  for  taxes,  and 
the  date  of  such  sale. 

Sec  72.  Section  three  thousand  eight  hundred  and  three  is 
hereby  repealed. 

Sec  73.  Section  three  thousand  eight  hundred  and  four  is 
hereby  amended  so  as  to  read  as  follows: 

3804  Any  taxes,  penalties,  and  costs  paid  more  than 
once,  or  erroneously  or  illegally  collected,  may,  by  the  order  of 
the  Board  of  Supervisors,  be  refunded  by  the  County  Treasurer; 
and  whenever  any  payments  shall  have  been  made  to  the  State 
Treasurer  by  the  County  Treasurer,  as  provided  by  sections 
three  thousand  eight  hundred  and  sixty-five  and  three  thou- 
sand eight  hundred  and  sixty-six  of  this  Code,  and  it  shall 
17 


—  258  — 

afterwards  appear  to  the  satisfaction  of  the  Board  of  Supervisors 
that  a  portion  of  the  money  so  paid  has  been  paid  more  than 
once,  or  erroneously  or  illegally  collected,  said  Board  may  re- 
fund such  portions  of  said  taxes,  penalties,  and  costs  so  paid 
to  the  State  Treasurer,  to  the  person  entitled  to  the  same,  out 
of  the  General  Fund  in  the  County  Treasury;  and  upon  render- 
ing the  report  required  by  section  three  thousand  eight  hundred 
and  sixty-eight,  the  Auditor  shall  certify  to  the  Controller,  in 
such  form  as  the  Controller  may  prescribe,  all  amounts  so 
refunded,  and  in  the  next  settlement  of  the  County  Treasurer 
with  the  State  the  Controller,  if  satisfied  of  the  legality  of  such 
refunding  by  said  Board,  shall  give  such  Treasurer  credit  for 
the  State's  portion  of  the  amounts  so  refunded,  as  prescribed  in 
section  three  thousand  eight  hundred  and  seventy-one. 

Sec.  74.  Section  three  thousand  eight  hundred  and  five  is 
hereby  amended  so  as  to  read  as  follows: 

3805.  When  the  Tax  Collector  discovers  that  any  prop- 
erty has  been  assessed  more  than  once  for  the  same  year,  he 
must  collect  only  the  tax  justly  due,  and  make  return  of  the 
facts,  under  affidavit,  to  the  Auditor,  who  shall,  when  directed 
to  do  so  by  the  Board  of  Supervisors,  cancel  one  of  said  errone- 
ous or  double  assessments  by  an  entry  on  the  margin  of  the 
assessment  book,  as  also  on  the  delinquent  list,  should  such 
erroneous  or  double  assessment  be  carried  therein.  If  the  prop- 
erty assessed  under  such  erroneous  or  double  assessment  has 
been  sold,  and  a  certificate  or  deed  therefor  has  been  issued, 
such  fact  shall  be  certified  to  the  Controller  by  the  Auditor  and 
Tax  Collector,  and  thereupon  the  Controller  shall  issue  his 
certificate,  under  seal,  authorizing  the  Auditor  to  cancel  such 
erroneous  or  double  assessment;  provided,  no  cancellation  of 
an  erroneous  or  double  assessment  shall  be  made  in  any  case 
until  the  taxes,  penalties,  and  costs  upon  one  of  such  assess- 
ments shall  have  been  paid.  Whenever  the  possessory  interest 
in  land  belonging  to  the  United  States  has  been  assessed,  and 
sold  to  the  State  for  delinquent  State  and  county  taxes,  the 
Board  of  Supervisors  in  the  respective  counties  shall  have 
power,  upon  the  application  of  the  owner  of  the  land,  his  repre- 
sentative, or  any  party  interested  therein,  to  direct  the  County 
Auditor  to  cancel  the  certificate  of  sale  in  which  such  posses- 
sory interest  was  sold.  Before  an  order  to  cancel  the  certificate, 
as  provided  in  this  section,  can  be  granted  by  the  Board  of 
Supervisors,  the  applicant  must  satisfy  the  Board  that  all  taxes 
against  the  land,  or  the  possessory  interest  therein  of  such 
owner  or  his  predecessor  in  title,  have  been  paid. 

Sec.  75.  Section  three  thousand  eight  hundred  and  eight  is 
hereby  amended  so  as  to  read  as  follows: 

3808.  If  any  person  removes  from  one  county  to  another, 
after  being  assessed  on  personal  property,  the  Assessor  of  the 
county  in  which  he  was  assessed  may  employ  an  attorney  to 
sue  for  and  collect  the  same  in  the  Assessor's  name;  but  such 
Assessor  shall  not  be  relieved  from  the  provisions  of  this 
chapter. 

Sec  76.  Section  three  thousand  eight  hundred  and  ten  is 
hereby  repealed. 


—  259  — 

Sec.  77.  Section  three  thousand  eight  hundred  and  eleven  is 
hereby  repealed. 

Sec.  78.  Section  three  thousand  eight  hundred  and  twelve  is 
hereby  repealed. 

Sec.  79.  Section  three  thousand  eight  hundred  and  thirteen 
is  hereby  amended  so  as  to  read  as  follows: 

3813.  In  case  property  assessed  for  taxes  is  purchased 
by  the  State,  pursuant  to  provisions  of  section  three  thousand 
seven  hundred  and  seventy-one  of  this  Code,  it  shall  be  assessed 
each  subsequent  year  for  taxes  until  a  deed  is  made  to  the  State 
therefor  in  the  same  manner  as  if  it  had  not  been  so  purchased. 

Sec.  80.  Section  three  thousand  eight  hundred  and  fourteen 
is  hereby  amended  so  as  to  read  as  follows: 

3814.  In  case  an  assessment  is  made  under  the  provisions 
of  section  three  thousand  eight  hundred  and  thirteen  of  this 
Code,  and  the  lands  are  not  redeemed  from  a  previous  sale  had 
under  section  three  thousand  seven  hundred  and  seventy-one, 
as  provided  by  law,  no  sale  shall  be  had  under  the  assessment 
authorized  by  said  section  three  thousand  eight  hundred  and 
thirteen. 

Sec.  81.  Section  three  thousand  eight  hundred  and  fifteen 
is  hereby  amended  so  as  to  read  as  follows: 

3815.  In  case  property  is  sold  to  the  State,  pursuant  to 
section  three  thousand  seven  hundred  and  seventy-one  of  this 
Code,  and  is  subsequently  assessed  pursuant  to  section  three 
thousand  eight  hundred  and  thirteen  of  this  Code,  no  person 
shall  be  permitted  to  redeem  from  such  sale,  except  upon  pay- 
ment of  the  amount  of  such  subsequent  assessments,  costs, 
fees,  penalties,  and  interest. 

Sec  82.  Section  three  thousand  eight  hundred  and  sixteen 
is  hereby  amended  so  as  to  read  as  follows: 

3816.  Whenever  property  sold  to  the  State,  pursuant  to 
the  provisions  of  this  chapter,  shall  be  redeemed  as  herein  pro- 
vided, the  moneys  received  on  account  of  such  redemption 
shall  be  distributed  as  follows:  The  original  and  subsequent 
taxes,  and  percentages,  penalty,  and  the  interest  paid  on  re- 
demption, shall  be  apportioned  between  the  State  and  county, 
or  city  and  county,  in  the  same  proportion  that  the  State  rate 
bears  to  the  county,  or  city  and  county,  rate  of  taxation; 
the  additional  penalties  received  on  account  of  delinquency, 
together  with  the  costs,  shall  be  paid  into  the  treasury  for  the 
use  and  benefit  of  the  county,  or  city  and  county;  the  total 
amount  received  for  State  poll  tax  shall  be  paid  to  the  State, 
without  deduction  of  any  percentages;  the  amounts  received 
for  road  or  hospital  poll  tax,  and  the  amounts  received  for 
school,  or  road  district,  or  other  taxes,  together  with  the  penal- 
ties thereon,  shall  be  paid  into  the  County  Treasury,  and 
placed  to  the  credit  of  the  proper  funds.  The  County  Treasurer 
and  Auditor  shall  each  keep  an  accurate  account  of  any  and 
all  moneys  received  in  pursuance  of  this  section,  and  shall  at 
the  time  the  Treasurer  is  required  to  settle  with  the  State,  in 
pursuance  of  sections  three  thousand  eight  hundred  and  sixty- 
five,  three  thousand  eight  hundred  and  sixty-six,  and  three 


—  260  — 

thousand  eight  hundred  and  sixty-eight,  make  a  detailed 
report,  verified  by  their  affidavit,  of  each  account,  year  for 
year,  to  the  Controller  of  State,  in  such  form  as  the  Controller 
may  desire. 

Sec.  83.     Section  three  thousand  eight  hundred  and  seven- 
teen is  hereby  amended  so  as  to  read  as  follows: 

3817.  In  all  cases  where  real  estate  has  been  or  may  here- 
after be  sold  for  delinquent  taxes  to  the  State,  and  the  State 
has  not  disposed  of  the  same,  the  person  whose  estate  has  been 
or  may  hereafter  be  sold,  his  heirs,  executors,  administrators, 
or  other  successors  in  interest,  shall,  at  any  time  after  the  same 
has  been  sold  to  the  State  and  before  the  State  shall  have  dis- 
posed of  the  same,  have  the  right  to  redeem  such  real  estate,  by 
paying  to  the  County  Treasurer  of  the  county  wherein  the  real 
estate  may  be  situated,  the  amount  of  taxes  due  thereon  at 
the  time  of  said  sale,  with  interest  thereon  at  the  rate  of  seven 
per  cent  per  annum;  and  also  all  taxes  that  were  a  lien  upon 
said  real  estate  at  the  time  said  taxes  became  delinquent;  and 
also  for  each  year  since  the  sale  for  which  taxes  on  said  land 
have  not  been  paid,  an  amount  equal  to  the  percentage  of  taxes 
for  that  year  upon  the  value  of  the  real  estate  as  assessed  for 
that  year,  or,  if  not  so  assessed,  then  upon  the  value  of  the 
property  as  assessed  in  the  year  nearest  the  time  of  such  re- 
demption, with  interest  from  the  first  day  of  January  of  each  of 
said  years,  respectively,  at  the  same  rate,  to  the  time  of  re- 
demption; and  also  all  costs  and  expenses  of  such  redemption, 
as  hereinafter  specified,  and  penalties  as  follows,  to  wit:  Ten  per 
cent,  if  redeemed  within  six  months  from  the  date  of  sale; 
twenty  per  cent,  if  redeemed  within  one  year  therefrom;  forty 
per  cent,  if  redeemed  within  two  years  therefrom;  sixty  per 
cent,  if  redeemed  within  three  years  therefrom;  eighty  per 
cent,  if  redeemed  within  four  years  therefrom;  and  one  hun- 
dred per  cent,  if  redeemed  within  five  or  any  greater  number 
of  years  therefrom.  The  penalty  shall  be  computed  upon  the 
amount  of  each  year's  taxes  in  like  manner,  reckoning  from 
the  time  when  the  lands  would  have  been  sold  for  the  taxes 
of  that  year,  if  there  had  been  no  previous  sale  thereof. 
The  County  Auditor  shall,  on  the  application  of  the  person 
desiring  to  redeem,  make  an  estimate  of  the  amount  to  be  paid, 
and  shall  give  him  triplicate  certificates  of  the  amount,  specify- 
ing the  several  amounts  thereof,  which  certificates  shall  be 
delivered  to  the  County  Treasurer,  together  with  the  money, 
and  the  County  Treasurer  shall  give  triplicate  receipts,  writ- 
ten or  indorsed  upon  said  certificates,  to  the  redemptioner,  who 
shall  deliver  one  of  said  receipts  to  the  State  Controller  and 
one  to  the  County  Auditor,  taking  their  receipts  therefor.  The 
County  Treasurer  shall  settle  for  the  moneys  received  as  for 
other  State  and  county  moneys.  Upon  the  payment  of  the 
money  specified  in  said  certificate,  and  the  giving  of  the 
receipts  aforesaid  by  the  Treasurer,  Controller,  and  Auditor, 
any  deed  or  certificate  of  sale  that  may  have  been  made  to 
the  State  shall  become  null  and  void,  and  all  right,  title,  and 
interest  acquired  by  the  State,  under  and  by  virtue  of  the  tax 


—  261  — 

sale,  shall  cease  and  determine.  The  receipts  of  the  County 
Treasurer,  Controller,  and  County  Auditor  may  be  recorded  in 
the  Recorder's  office  of  the  county  in  which  said  real  estate  is 
situated,  in  the  book  of  deeds,  and  the  record  thereof  shall 
have  the  same  effect  as  that  of  a  deed  of  reconveyance  of  the 
interest  conveyed  by  such  deed  or  certificate  of  sale.  This  Act 
shall  apply  to  State  lands  sold  by  the  State  when  the  full 
amount  of  the  purchase  price  of  one  dollar  and  twenty-five 
cents  per  acre  has  not  been  paid  to  the  State  therefor,  except 
when  the  deed  to  the  State,  provided  for  in  section  three  thou- 
sand seven  hundred  and  eighty-five,  has  been  filed  with  the 
Surveyor-General. 

Sec.  84.  Section  three  thousand  eight  hundred  and  eighteen 
is  hereby  amended  so  as  to  read  as  follows: 

3818.  A  redemption  may  be  made  of  any  lot,  piece,  or 
parcel  of  land  contained  in  any  assessment,  separately  from  the 
whole  assessment,  in  the  manner  following:  In  the  estimate 
provided  for  in  the  preceding  section,  the  Auditor  shall  estimate 
the  amount  of  State  and  county  taxes  due  on  such  lot,  piece,  or 
parcel  of  land,  together  with  a  proper  proportion  of  the  taxes 
due  on  personal  property  under  such  assessment,  and  of  the 
taxes  due  each  school,  road,  or  lesser  taxation  district;  and  such 
redemption  shall  be  made  in  the  manner  provided  for  in  the 
preceding  section.  The  Recorder  shall  note,  on  the  margin  of 
the  record  of  the  certificate  of  sale,  a  description  of  the  prop- 
erty thus  redeemed,  and  shall  specifically  set  forth  the  several 
amounts  of  taxes  paid  upon  such  redemption. 

Sec.  85.  Section  three  thousand  eight  hundred  and  nineteen 
is  hereby  amended  so  as  to  read  as  follows: 

3819.  At  any  time  after  the  assessment  book  has  been 
received  by  the  Tax  Collector,  and  the  taxes  have  become 
payable,  the  owner  of  any  property  assessed  therein,  who  may 
claim  that  the  assessment  is  void  in  whole  or  in  part,  may  pay 
the  same  to  the  Tax  Collector  under  protest,  which  protest 
shall  be  in  writing,  and  shall  specify  whether  the  whole  assess- 
ment is  claimed  to  be  void,  or  if  a  part  only,  what  portion,  and 
in  either  case  the  grounds  upon  which  such  claim  is  founded 
and  when  so  paid  under  protest,  the  payment  shall  in  no  case 
be  regarded  as  voluntary  payment,  and  such  owner  may  at  any 
time  within  six  months  after  such  payment  bring  an  action 
against  the  county,  in  the  Superior  Court,  to  recover  back  the 
tax  so  paid  under  protest.  And  if  it  shall  be  adjudged  that 
the  assessment,  or  the  part  thereof  referred  to  in  the  protest, 
was  void  on  the  ground  specified  in  the  protest,  judgment 
shall  be  entered  against  such  county  therefor;  provided,  that 
no  assessment  shall  be  declared  void  on  account  of  deductions 
being  made  for  mortgages  where  part  payments  have  been 
made  and  not  released  upon  the  record.  On  the  payment  of 
any  such  judgment,  such  part  of  the  tax  recovered  thereby  as 
may  have  been  paid  by  the  County  Treasurer  into  the  State 
Treasury,  shall  be  regarded  as  an  amount  due  the  county  from 
the  State,  and  shall  be  deducted  in  the  next  settlement  had  by 
the  county  with  the  Controller;  such  deductions  to  be  made  in 


—  262  — 

the  manner  that  other  deductions  are  made,  as  provided  in 
section  three  thousand  eight  hundred  and  seventy-one  of  this 
Code. 

Sec.  86.  Section  three  thousand  eight  hundred  and  twenty- 
is  hereby  amended  so  as  to  read  as  follows: 

3820.  The  Assessor  must  collect  the  taxes  on  all  personal 
property  when,  in  his  opinion,  said  taxes  are  not  a  lien  upon 
real  property  sufficient  to  secure  the  payment  of  the  taxes.  The 
taxes  on  all  assessments  of  possession  of,  claim  to,  or  right  to  the 
possession  of  land,  shall  be  immediately  due  and  payable  upon 
assessment,  and  shall  be  collected  by  the  Assessor  as  provided 
in  this  chapter. 

Sec  87.  Section  three  thousand  eight  hundred  and  twenty- 
three  is  hereby  amended  so  as  to  read  as  follows: 

3823.  The  Assessor  shall  be  governed  as  to  the  amount  of 
taxes  to  be  collected  upon  personal  property  by  the  State  and 
county  rate  for  the  previous  year. 

Sec.  88.  Section  three  thousand  eight  hundred  and  twenty- 
six  is  hereby  amended  so  as  to  read  as  follows: 

3826.  The  Assessor,  on  the  first  Monday  in  each  month, 
must  make  a  settlement  with  the  Auditor,  and  must  pay  into 
the  County  Treasury  all  moneys  collected  by  him  for  such  taxes 
during  the  preceding  month. 

Sec  89.  Section  three  thousand  eight  hundred  and  twenty- 
nine  is  hereby  amended  so  as  to  read  as  follows: 

3829.  For  services  rendered  in  the  collection  of  taxes  under 
section  three  thousand  eight  hundred  and  twenty,  the  Assessors 
of  the  several  counties,  or  cities  and  counties,  shall  receive  such 
compensation  as  the  Act  governing  salaries  of  county  officers 
may  provide 

Sec  90.  Section  three  thousand  eight  hundred  and  thirty  is 
hereby  repealed. 

Sec  91.  A  new  section  is  hereby  added  to  the  Political  Code 
of  the  State  of  California,  to  be  known  and  designated  as  sec- 
tion three  thousand  eight  hundred  and  thirty-one,  to  read  as 
follows: 

3831.  Within  fifteen  days  after  the  first  Mon day  in  August 
of  each  year,  the  Auditor  of  the  county,  or  city  and  county,  must 
make  a  careful  examination  of  the  assessment  book  or  books  of 
the  county,  or  city  and  county,  and  ascertain  therefrom  the 
amount  or  amounts  of  all  taxes  that  should  have  been  collected 
by  the  Assessor  in  pursuance  of  this  chapter,  and  which  have  not 
been  collected.  He  must  then  state  an  account  to  the  Assessor, 
and  demand  from  him  that  the  amount  or  amounts  so  remain- 
ing uncollected  shall  be  paid  into  the  County  Treasury  within 
fifteen  days  from  the  date  of  said  demand.  If,  at  the  expiration 
of  said  time,  the  Assessor  has  not  settled  for  and  paid  said 
amount  or  amounts  into  the  treasury  as  aforesaid,  the  District 
Attorney  must  commence  an  action  in  the  proper  Court  against 
the  Assessor  and  his  bondsmen,  for  the  recovery  of  said  amount 
or  amounts  so  remaining  uncollected;  and  upon  the  trial  of 
such  action  no  defense  shall  be  admissible,  except  that  the 
assessment  or  assessments  are  illegal,  invalid,  or  void. 


—  263  — 

Sec.  92.  Section  three  thousand  eight  hundred  and  forty  is 
hereby  amended  so  as  to  read  as  follows: 

3840.  Poll  tax  must  be  collected  by  the  Assessors  between 
the  first  Monday  in  March  and  the  last  Monday  in  December 
of  the  same  year. 

Sec  93.  Section  three  thousand  eight  hundred  and  forty- 
one  is  hereby  amended  so  as  to  read  as  follows: 

3841.  The  County  Treasurer  must,  before  the  first  Mon- 
day in  March  and  the  first  Monday  in  July  of  each  year,  cause 
to  be  printed,  respectively,  two-  and  three- dollar  blank  poll-tax 
receipts,  in  book  form,  with  stubs  numbered  the  same  as  the 
receipts,  of  one  hundred  in  each  book,  a  sufficient  number  for 
the  use  of  the  Assessor.  The  stubs  shall  have  a  line  for  the 
name  of  the  poll-tax  payer,  his  age,  residence,  occupation,  by 
whom  employed,  and  the  name  of  the  deputy  collecting  the  tax. 

Sec.  94.  Section  three  thousand  eight  hundred  and  fifty-four 
is  hereby  amended  so  as  to  read  as  follows: 

3854.  On  the  first  Monday  in  July,  the  Assessor  must 
return  to  the  Auditor  all  two-dollar  blank  poll-tax  receipts 
received  by  him  and  not  used,  and  pay  to  the  Treasurer  the 
total  amount  collected  and  not  before  paid  in,  less  the  amount 
of  his  fees,  and  the  Auditor  must  deliver  to  him  the  three-dollar 
receipts;  and  on  the  last  Monday  in  December  of  each  year,  he 
must  return  to  the  Auditor  all  three-dollar  poll-tax  receipts 
received  by  him  and  not  used,  and  must  make  final  settlement 
with  the  Auditor  and  Treasurer  therefor. 

Sec  95.  Section  three  thousand  eight  hundred  and  fifty- 
eight  is  hereby  amended  so  as  to  read  as  follows: 

3858.  On  the  last  Monday  in  December  of  each  year,  the 
Assessor  must  deliver  to  the  Auditor  the  roll  so  made  up,  and 
the  Auditor  must  add  to  the  total  poll  tax  delinquent  on  such 
roll,  thirty-three  and  one  third  per  centum  additional,  and  on 
the  second  Monday  in  January  following,  deliver  such  list  to 
the  Tax  Collector  and  charge  the  Tax  Collector  therewith. 

Sec  96.  Section  three  thousand  eight  hundred  and  sixty- 
seven  is  hereby  amended  so  as  to  read  as  follows: 

3867.  Every  County  Treasurer  who  neglects  or  refuses  to 
appear  at  the  office  of  the  Controller  and  Treasurer  at  the  times 
specified  in  this  chapter,  and  then  and  there  to  settle  and  make 
payment  as  required  by  this  chapter,  shall  forfeit  to  the  State 
of  California  one  thousand  dollars,  to  be  recovered  in  an  action 
brought  by  the  Attorney-General  in  the  name  of  the  Controller. 

Sec  97.  Section  three  thousand  eight  hundred  and  seventy 
is  hereby  amended  so  as  to  read  as  follows: 

3870.  Every  Auditor  who  fails  or  refuses  to  make  and 
transmit  the  report  required  by  this  chapter,  or  any  report  or 
statement  required  by  this  title,  forfeits  to  the  State  of  California 
one  thousand  dollars,  to  be  recovered  in  an  action  brought  by 
the  Attorney- General  in  the  name  of  the  Controller. 

Sec  98.  Section  three  thousand  eight  hundred  and  seventy- 
one  is  hereby  amended  so  as  to  read  as  follows: 

3871.  In  the  settlement,  the  Controller  must  deduct  the 
mileage  allowed  to  the  County  Treasurer  in  making  settlement, 


—  264  — 

the  State's  portion  of  the  repayments  made  under  section  three 
thousand  eight  hundred  and  twenty-four,  the  State's  portion 
of  all  amounts  refunded  under  section  three  thousand  eight 
hundred  and  four,  and  any  other  amounts  due  the  county,  or 
city  and  county. 

Sec.  99.  Section  three  thousand  eight  hundred  and  seventy- 
three  is  hereby  amended  so  as  to  read  as  follows: 

3873.  The  Controller  must,  after  the  Treasurer  has  made 
settlement  and  payment,  enter  upon  each  copy  of  the  Auditor's 
report  a  statement  showing: 

1.  The  amount  of  money  by  the  County  Treasurer  paid  into 
the  State  Treasury. 

2.  The  amounts  authorized  to  be  deducted  under  section  three 
thousand  eight  hundred  and  seventy-one. 

And  must  then  return  one  copy  of  the  report  to  the  County 
Treasurer. 

Sec.  100.  Section  three  thousand  eight  hundred  and  seventy- 
eight  is  hereby  amended  so  as  to  read  as  follows: 

3878.  If  he  believes  any  officer  has  been  guilty  of  defraud- 
ing the  State  of  revenue,  or  has  neglected  or  refused  to  perform 
any  duty  relating  to  the  revenue,  he  must  direct  the  Attorney- 
General,  or  other  counsel,  to  prosecute  the  delinquent. 

Sec  101.  Section  three  thousand  eight  hundred  and  eighty- 
one  is  hereby  amended  so  as  to  read  as  follows: 

3881.  Omissions,  errors,  or  defects  in  form  in  any 
assessment  book,  when  it  can  be  ascertained  therefrom  what 
was  intended,  may,  with  the  written  consent  of  the  District 
Attorney,  be  supplied  or  corrected  by  the  Assessor  at  any  time 
prior  to  the  sale  for  delinquent  taxes,  after  the  assessment  was 
made.  In  the  City  and  County  of  San  Francisco  the  written 
consent  of  the  City  and  County  Attorney  shall  have  the  same 
force  and  effect  as  the  written  consent  of  the  District  Attorney. 

Sec.  102.  Section  three  thousand  eight  hundred  and  eighty- 
six  is  hereby  repealed. 

Sec.  103.  Section  three  thousand  eight  hundred  and  eighty- 
eight  is  hereby  amended  so  as  to  read  as  follows: 

3888.  Taxes  must  be  paid  in  the  lawful  money  of  the 
United  States.  A  tax  levied  for  a  special  purpose  may  be  paid 
in  such  funds  as  may  be  directed. 

Sec.  104.  Section  three  thousand  eight  hundred  and  ninety- 
three  is  hereby  repealed. 

Sec.  105.  Section  three  thousand  eight  hundred  and  ninety- 
four  is  hereby  repealed. 

Sec.  106.  Section  three  thousand  eight  hundred  and  ninety- 
five  is  hereby  repealed. 

Sec  107.  Section  three  thousand  eight  hundred  and  ninety- 
six  is  hereby  repealed. 

Sec  108.  Section  three  thousand  eight  hundred  and  ninety- 
seven  is  hereby  amended  so  as  to  read  as  follows: 

3897.  Whenever  the  State  shall  become  the  owner  of  any 
property  sold  for  taxes,  and  the  deed  to  the  State  has  been  filed 
with  the  Controller,  as  provided  in  section  three  thousand  seven 
hundred  and  eighty-five,  the  Controller  may  thereupon,  by  a 


—  265  — 

written  authorization,  direct  the  Tax  Collector  of  the  county,  or 
city  and  county,  to  sell  the  property  in  the  manner  following: 
He  must  give  notice  of  such  sale  by  first  publishing  a  notice 
for  at  least  three  successive  weeks  in  some  newspaper  published 
in  the  county,  or  city  and  county,  or,  if  there  be  no  newspaper 
published  therein,  then  by  posting  a  notice  in  three  conspicuous 
places  in  the  county,  or  city  and  county,  for  the  same  period. 
Such  notices  must  state  specifically  the  place  of,  and  the  day  and 
hour  of  sale,  and  shall  contain  a  description  of  the  property  to 
be  sold,  and  shall  also  embody  a  copy  of  the  authorization 
received  from  the  Controller.  At  the  time  set  for  such  sale,  the 
Tax  Collector  must  sell  the  property  described  in  the  Con- 
troller's authorization  and  said  notices,  at  public  auction,  to  the 
highest  bidder  for  cash,  in  lawful  money  of  the  United  States; 
but  no  bid  shall  be  received  or  accepted  at  such  sale  for  less  than 
the  amount  of  all  the  taxes  levied  upon  such  property,  and  all 
interests,  costs,  penalties,  and  expenses  up  to  the  date  of  such 
sale.  The  expense  of  the  publication  of  the  notice  herein 
required,  shall  be  a  charge  against  the  county. 

Sec.  109.  Section  three  thousand  eight  hundred  and  ninety- 
eight  is  hereby  amended  so  as  to  read  as  follows: 

3898.  The  moneys  received  from  such  sale  shall  be  dis- 
tributed as  follows:  The  Tax  Collector  shall  deduct  the  penal- 
ties, costs,  and  other  amounts  received  as  expenses  attending 
such  sale,  and  the  balance  shall  be  distributed  between  the 
State,  and  county,  or  city  and  county,  in  the  proportion  that 
the  State  rate  bears  to  the  county,  or  city  and  county  rate  of 
taxation;  said  Tax  Collector  shall  pay  all  amounts  into  the 
County  Treasury,  and  the  Treasurer  shall  account  to  the  State 
for  its  portion  in  the  settlement  required  by  section  three  thou- 
sand eight  hundred  and  sixty-five  and  section  three  thousand 
eight  hundred  and  sixty-six.  On  receiving  the  amount  bid,  as 
prescribed  in  the  preceding  section,  the  Tax  Collector  must 
execute  a  deed  to  the  purchaser,  reciting  the  facts  necessary 
to  authorize  such  sale  and  conveyance,  which  deed  shall  convey 
all  the  interest  of  the  State  in  and  to  such  property,  and  shall 
be  prima  facie  evidence  of  all  facts  recited  therein. 

Sec.  110.  Section  three  thousand  eight  hundred  and  ninety- 
nine  is  hereby  amended  so  as  to  read  as  follows: 

3899.  The  Controller  may,  at  any  time  after  a  delinquent 
list  has  been  delivered  to  a  Tax  Collector,  direct  such  Tax  Col- 
lector not  to  proceed  in  the  sale  of  any  property  on  said  list 
whereon  the  taxes  shall  amount  to  three  hundred  dollars  or 
more.  Upon  such  direction,  the  Tax  Collector  must  make  out, 
and  deliver  to  the  Controller,  a  certified  copy  of  the  entries  upon 
the  delinquent  list  relative  to  such  tax.  The  Controller  shall 
thereupon  direct  the  Attorney-General  to  bring  suit  against  the 
delinquent,  in  the  proper  Court,  in  the  name  of  the  People  of 
the  State  of  California,  to  enforce  such  collection.  The  pro- 
visions of  the  Code  of  Civil  Procedure  relating  to  pleadings, 
proofs,  trials,  and  appeals,  are  hereby  made  applicable  to  the 
proceedings  herein  provided  for.  The  moneys  received  in  pur- 
suance of  this  section  shall  be  distributed  as  provided  in  the 
preceding  section. 


—  266  — 

Sec.  111.  Section  three  thousand  nine  hundred  is  hereby 
amended  so  as  to  read  as  follows: 

3900.  Whenever,  in  this  title,  any  official,  or  officials,  are 
authorized  to  commence  an  action  for  the  violation  of  any  law 
relating  to  revenue,  or  to  compel  the  specific  performance  thereof, 
such  official,  or  officials,  may  designate  the  county,  or  city  and 
county,  in  which  such  action  shall  be  commenced  and  pros- 
ecuted. 

Sec.  112.  All  Acts  and  parts  of  Acts  in  conflict  with  this 
Act  are  hereby  repealed;  provided,  nothing  in  this  Act  con- 
tained shall  affect  the  time  or  manner  of  collecting  delinquent 
assessments  levied  and  assessed  to  pay  the  damages,  costs,  and 
expenses  for  or  incident  to  the  laying  out,  opening,  extending, 
widening,  straightening,  diverging,  curving,  contracting,  or 
closing  up,  in  whole  or  in  part,  any  street,  square,  lane,  alley, 
court,  or  place  within  municipalities  in  this  State,  nor  the  time 
or  manner  of  sales,  or  redemption  after  sales,  of  real  property 
sold  to  pay  the  damages,  costs,  and  expenses  incident  to  such 
work  or  improvement  aforesaid;  and  the  time  and  manner  of 
sale,  or  redemption  after  sale,  of  any  real  property  sold  to  pay 
the  damage,  cost,  and  expense  for  or  incident  to  laying  out, 
opening,  extending,  widening,  straightening,  diverging,  curv- 
ing, contracting,  or  closing  up,  in  whole  or  in  part,  any  street, 
square,  lane,  alley,  court  or  place  within  municipalities  in  this 
State,  shall  be  had  and  made  in  the  same  time  and  manner, 
as  provided  by  law  in  such  matters  on  the  first  day  of  January, 
Anno  Domini  eighteen  hundred  and  ninety-five. 

Sec  113.  This  Act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 


CHAPTER  CCXX. 

An  Act  to  provide  for  the  payment  of  all  private  claims  allowed 
by  the  Legislature  of  the  thirty-first  session,  out  of  the  revenues 
of  the  forty-seventh  fiscal  year. 

[Approved  March  28,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  All  private  claims  allowed  and  directed  or 
authorized  to  be  paid  by  the  Legislature  of  this  State,  at  its 
thirty-first  session,  out  of  the  General  Fund,  shall  only  be  pay- 
able out  of  the  income  of  the  forty-seventh  fiscal  year. 

Sec  2.  The  Board  of  Examiners  are  authorized  and  empow- 
ered to  investigate  the  items  of  any  claim  passed  by  the  Legis- 
lature, and  directing  payment  thereof,  and  if  in  the  opinion  of 
the  Board  of  Examiners,  any  reduction  should  be  made  in  the 
amount  allowed  or  directed  or  authorized  to  be  paid,  the  said 
Board  of  Examiners  shall  certify  said  amount  to  be  deducted 
from  the  said  claim,  and  the  Controller  is  authorized  and 
directed  to  draw  his  warrant  only  for  the  amount  of  money  so 


—  267  — 

certified  by  the  Board  of  Examiners  as  the  proper  and  just 
amount  to  be  paid.  Nothing  herein  shall  authorize  or  empower 
the  Board  of  Examiners  to  increase  the  amount  allowed  by 
the  Legislature. 

Sec.  3.  All  Acts  or  parts  of  Acts  in  conflict  with  the  pro- 
visions of  this  Act  are  hereby  repealed. 

Sec.  4.     This  Act  shall  take  effect  immediately. 


CHAPTER  CCXXI. 

An  Act  to  add  a  new  article  to  chapter  one,  of  title  two,  part 
three,  of  the  Political  Code  of  the  State  of  California,  to  be 
known  and  designated  as  article  four;  and  to  add  six  new  sec- 
tions, to  be  known  and  designated  as  sections  one  thousand  and 
seventy-five,  one  thousand  and  seventy-six,  one  thousand  and 
seventy-seven,  one  thousand  and  seventy -eight,  one  thousand  and 
seventy-nine,  and  one  thousand  and  eighty,  relative  to  County, 
City,  and  City  and  County  Boards  of  Election  Commissioners. 

[Approved  March  28,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Section  1.  A  new  article  is  hereby  added  to  chapter  one, 
title  two,  part  three,  of  the  Political  Code  of  the  State  of  Cali- 
fornia, to  be  known  and  designated  as  article  four;  and  six 
new  sections  are  hereby  added  to  said  Political  Code,  under 
said  new  article,  to  be  known  and  designated  as  sections  one 
thousand  and  seventy-five,  one  thousand  and  seventy-six,  one 
thousand  and  seventy-seven,  one  thousand  and  seventy-eight, 
one  thousand  and  seventy-nine,  and  one  thousand  and  eighty, 
to  read  as  follows: 

ARTICLE  IV. 

CITY,    CITY    AND   COUNTY,    AND   COUNTY   BOARDS    OF    ELECTION   COM- 
MISSIONERS. 

1075.  Board  of  Election  Commissioners. 

1076.  Powers  to  be  exercised  by  Commissioners. 

1077.  Clerks  of  Boards. 

1078.  Duties  of  Clerks. 

1079.  Expenditure  of  moneys. 

1080.  Statutes  continued  in  force. 

1075.  The  Board  of  Supervisors  of  each  county  is 
ex  officio  the  Board  of  Election  Commissioners  in  and  for  the 
county,  and  the  Common  Council,  or  other  governing  body  of  a 
city,  is  ex  officio  the  Board  of  Election  Commissioners  in  and 
for  such  city;  provided,  that  in  cities  and  cities  and  counties  of 
this  State  having  one  hundred  and  fifty  thousand  or  more 
inhabitants  the  Board  of  Election  Commissioners  shall  consist 
of  four  persons,  citizens  and  electors  of  such  city,  or  city  and 
county,  each  of  whom  must  be  a  freeholder,  and  have  been  an 
actual  resident  of  said  city  and  county  at  least  five  years  pre- 


—  268  — 

-ceding  his  appointment,  who  shall  be  appointed  by  the  Mayor; 
provided,  that  the  respective  Executive  Committees  of  the  State 
Committees  of  either  of  the  political  parties  who  may  be 
entitled  under  the  provisions  of  this  Act  to  have  members  of 
their  party  appointed  as  members  of  said  Board  of  Election 
Commissioners,  shall  have  the  right,  within  ten  days  after  such 
appointment,  to  file  with  the  Mayor  a  written  protest  against 
the  appointment  of  a  member  of  said  Board  of  Election  Com- 
missioners, as  having  been  appointed  as  one  of  affiliation  with 
said  party,  on  the  grounds  that  said  appointee  is  not  a  person 
of  well-known  affiliation  and  standing  with  said  party  from 
which  he  has  been  appointed;  and  the  Mayor  thereupon  shall 
make  another  appointment  in  the  place  of  the  party  against 
whom  the  protest  has  been  filed.  The  members  of  said  Com- 
mission shall  be  ineligible  to  any  other  office  or  public  employ- 
ment, elective  or  appointive,  during  the  term  for  which  they 
have  been  appointed  and  for  one  year  thereafter.  Two  of  the 
persons  so  appointed  shall  be  selected  from  the  body  of  citizens 
and  electors  of  such  city,  or  city  and  county,  of  known  affilia- 
tion with  and  belonging  to  the  political  party  or  organization 
which  at  the  last  Presidential  election  held  in  such  city,  or  city 
and  county,  polled  within  said  city,  or  city  and  county,  the 
highest  number  of  votes  cast  for  the  candidates  of  the  political 
party  for  Presidential  Electors  at  such  election;  and  the  two 
remaining  members  of  said  Board  shall  be  selected  from  the 
body  of  electors  of  such  city,  or  city  and  county,  of  known 
affiliation  with  and  belonging  to  the  political  partjr  which, 
at  the  last  Presidential  election  held  at  such  city,  or  city  and 
county,  polled  within  such  city,  or  city  and  county,  the  next 
highest  number  of  votes  cast  for  the  candidates  for  Presidential 
Electors  of  a  political  party.  The  members  of  said  Commission 
shall,  every  two  years,  choose  one  of  their  number  as  Chair- 
man; in  the  event  of  their  failure  to  select  a  Chairman  in  five 
ballots,  the  oldest  of  said  members  in  point  of  years  shall  be 
Chairman.  The  persons  first  appointed  as  such  Board  of  Elec- 
tion Commissioners  shall  be  appointed  on  the  first  Monday  of 
July,  eighteen  hundred  and  ninety-five,  and  shall  each  hold  their 
office  for  the  term  of  four  years  from  and  after  the  date  of  their 
appointment,  except  that  of  those  first  appointed,  two  (one 
belonging  to  each  political  party  or  organization,  as  aforesaid), 
to  be  designated  by  the  Mayor,  shall  retire  at  the  end  of  two 
years,  when  their  successors  shall  be  appointed  by  the  Mayor. 
Whenever  any  vacancy  shall  occur  in  the  said  Board,  such 
vacancy  shall  be  filled  by  appointment  as  herein  prescribed, 
and  the  person  so  appointed  to  fill  such  vacancy  shall  be 
selected  in  the  same  manner  and  from  the  same  political  party 
or  organization  with  which  his  predecessor  in  office  affiliated 
and  belonged  at  the  time  of  his  appointment  thereto,  and  shall 
hold  office  for  the  balance  of  the  unexpired  term  to  which  he 
was  appointed.  The  salary  of  each  member  of  the  Board  of 
Election  Commissioners  in  and  for  a  city,  or  city  and  county, 
having  one  hundred  thousand  or  more  inhabitants,  shall  be 
seven  hundred  and  fifty  dollars  per  annum,  payable  in  equal 


—  269  — 

monthly  installments,  out  of  the  treasury  of  such  city,  or  city 
and  county,  in  the  same  manner  as  the  salaries  of  other  officers- 
of  such  city,  or  city  and  county,  are  paid. 

1076.  The  Board  of  Election  Commissioners,  as  provided 
for  in  this  article,  shall,  within  their  respective  counties,  cities, 
or  cities  and  counties,  be  invested  with  and  shall  exercise  all 
the  powers  conferred,  and  shall  discharge  and  perform  all  the 
duties  imposed  by  this  Code  or  by  any  law  of  this  State,  upon 
Boards  of  Supervisors  of  the  several  counties,  or  upon  the 
Common  Council  or  other  governing  body  of  cities,  or  upon 
any  other  Board  or  body,  in  respect  to  the  conduct,  control, 
management,  and  supervision  of  elections,  and  all  matters  per- 
taining to  elections  held  within  the  respective  counties,  cities, 
or  cities  and  counties,  as  the  same  are  now  or  may  be  hereafter- 
prescribed  by  law. 

1077.  The  County  Clerk  is  ex  officio  Clerk  of  the  Board 
of  Election  Commissioners  of  the  county,  and  the  Clerk  or  Sec- 
retary of  the  Common  Council  or  other  governing  body  of  a  city 
is  ex  officio  the  Clerk  or  Secretary  of  the  Board  of  Election 
Commissioners;  provided,  that  in  cities,  or  cities  and  counties,, 
of  this  State  having  one  hundred  and  fifty  thousand  or  more- 
inhabitants,  the  Board  of  Election  Commissioners  shall  appoint 
a  suitable  person,  not  one  of  their  own  number,  to  act  as  Sec- 
retary, at  a  salary  not  to  exceed  two  hundred  and  fifty  dollars 
per  month,  payable  in  the  same  manner  as  the  salaries  of  the 
Commissioners  are  paid.  Such  Secretary  shall  hold  his  office 
during  the  pleasure  of  the  said  Board. 

The  Secretary  of  the  Board  of  Election  Commissioners  shall 
not,  during  the  term  of  his  office,  engage  in  any  other  calling 
or  trade,  or  profession  or  employment,  and  shall  be  ineligible 
to  be  a  candidate  or  delegate  to  any  convention  which  shall 
nominate  candidates  for  office,  and  he  shall  be  ineligible  to  be 
voted  for  for  any  office  while  acting  as  such  Secretary;  and  if 
these  provisions  of  the  law  are  not  obeyed,  it  shall  be  the  duty 
of  the  Board  of  Election  Commissioners  forthwith  to  declare 
his  place  vacated,  and  the  vacancy  shall  be  filled  in  the  same 
manner  and  terms  as  provided  for  in  the  original  appointment. 

Each  member  of  the  Board  of  Election  Commissioners,  and 
the  Secretary  elected  by  said  Board  of  Election  Commissioners, 
shall,  within  fifteen  days  after  receiving  notice  of  their  appoint- 
ment, take  the  usual  oath  of  office  before  any  Judge  of  the 
Superior  Court  of  said  county,  or  city  and  county,  and  said 
oaths  of  office  shall  be  filed  with  the  County  Clerk  of  said  city 
and  county. 

The  Board  of  Election  Commissioners  shall  have  the  power 
to  appoint  all  deputies,  and  such  clerks  as  may  be  necessary, 
and  to  fix  their  salaries  at  the  time  of  their  employment.  All 
deputies  and  clerks  thus  appointed  shall  be  equally  divided 
between  the  representatives  of  the  political  parties  that  polled 
the  highest  and  the  next  to  the  highest  number  of  votes  at  the 
preceding  Presidential  election.  The  salaries  of  all  deputies 
and  clerks  that  may  be  appointed  by  said  Board  of  Election 
Commissioners  shall  be  payable  in  equal  monthly  installments 


—  270  — 

out  of  the  treasury  of  said  city,  or  city  and  county,  in  the  same 
manner  as  the  salaries  of  other  officers  of  such  city,  or  city 
and  county,  are  paid. 

The  members  of  the  Board  of  Election  Commissioners,  the 
Secretary  of  the  Board  of  Election  Commissioners,  all  deputies 
and  clerks  appointed  by  the  Board  of  Election  Commissioners, 
and  all  election  officers,  shall  have  the  power  to  administer 
oaths;  and  any  false  oaths  taken  before  them,  or  either  of 
them,  shall  be  deemed  to  be  perjury,  and  the  person  so  con- 
victed thereof  shall  be  punished  according  to  law. 

1078.  The  County  Clerk  of  each  county,  and  the  Clerk 
or  Secretary  of  the  Common  Council  of  a  city,  shall,  within 
their  respective  counties  or  cities,  exercise  all  the  powers  con- 
ferred, and  shall  discharge  and  perform  all  the  duties  imposed 
by  this  Code,  or  by  any  law  of  this  State,  upon  such  officers  in 
respect  to  the  conduct,  management,  and  supervision  of  elec- 
tions, and  matters  pertaining  to  elections,  held  within  the 
respective  counties  or  cities,  as  the  same  are  now  or  may  be 
hereafter  prescribed  by  law;  provided,  that  in  cities,  or  cities 
and  counties,  having  one  hundred  and  fifty  thousand  or  more 
inhabitants,  the  Secretary  of  the  Board  of  Election  Commis- 
sioners, under  the  direction  of  the  Board  of  Election  Commis- 
sioners, shall  exercise  all  the  powers  conferred,  and  shall  dis- 
charge and  perform  all  the  duties  imposed  by  this  Code,  or  by 
any  law  of  this  State,  upon  the  County  Clerk  or  any  other 
officer  in  such  cities,  or  cities  and  counties,  in  respect  to  the 
conduct  and  supervision  of  matters  relating  to  elections  held 
within  such  cities,  or  cities  and  counties,  as  the  same  are  now 
or  may  be  hereafter  prescribed  by  law. 

1079.  Whenever  the  Clerk,  Secretary,  or  any  officer  of  a 
county,  city,  or  city  and  county,  is  charged  with  the  performance 
of  any  official  duty  in  respect  to  elections  which  involves  the 
expenditure  of  public  moneys,  such  expenditures  shall  be  sub- 
ject to  the  control  and  supervision  of  the  Board  of  Election 
Commissioners;  and  when  any  printing  or  other  service  is  to  be 
performed,  or  materials  are  to  be  furnished,  the  amount  of 
which  in  the  aggregate  shall  exceed  the  value  of  five  hundred 
dollars,  it  shall  be  the  duty  of  the  Board  of  Election  Commis- 
sioners to  invite  proposals  for  the  work,  or  the  furnishing  of  the 
materials,  and  to  let  the  contract  for  the  same  to  the  lowest 
responsible  bidder  therefor,  in  the  same  manner  and  upon  the 
same  conditions  as  is  required  in  the  letting  of  contracts  for 
doing  other  and  similar  work,  or  furnishing  other  and  similar 
materials,  for  county,  city,  or  city  and  county  purposes;  provided, 
that  no  such  proposal  or  bid  shall  be  required  for  the  contract 
to  print  ballots,  if  the  time  within  which  such  ballots  must  be 
had  does  not  reasonably  admit  of  such  proposal  and  bid. 

1080.  Nothing  contained  in  this  article  affects  any  of  the 
provisions  of  this  Code,  or  of  any  statute  of  this  State,  touch- 
ing the  registration  and  qualification  of  voters  and  the  method 
of  calling,  holding,  and  conducting  elections,  in  force  in  any 
county,  city,  or  city  and  county;  but  such  provisions  and 
statutes  are  recognized  as  continuing  in  force,  except  so  far  as 


—  271  — 

they  are  inconsistent  with  the  provisions  of  this  article  upon 
the  subject  to  which  this  article  relates. 

Sec.  2.     This  Act  shall  take  effect  and  be  in  force  from  and 
after  the  first  day  of  July,  eighteen  hundred  and  ninety-five. 


CHAPTER  CCXXII. 

An  Act  to  create  and  establish  a  Commission  for  revising,  system- 
atizing, and  reforming  the  laws  of  this  State,  and  for  the  appoint- 
ment of  the  members  of  said  Commission,  to  be  known  as  "The 
Commissioners  for  the  Revision  and  Reform  of  the  Law,"  and  to 
prescribe  their  powers  and  duties;  and  to  authorize  the  appoint- 
ment of  a  Secretary  and  Stenographer  therefor;  and  to  provide 
for  the  compensation  and  expenses  of  said  Commission,  Secre- 
tary, and  Stenographer,  and  to  appropriate  money  therefor. 
[Approved  March  28,  1895.] 

The  People  of  the  State  of  California,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

The  Commission. 

Section  1.  A  non-partisan  Commission,  consisting  of  three 
persons  as  hereinafter  designated,  is  hereby  created  and  estab- 
lished, for  the  purposes  of  revising,  compiling,  correcting,  amend- 
ing, systematizing,  improving,  and  reforming  the  laws  of  this 
State,  for  the  advancement  and  welfare  of  the  people  thereof. 

Qualifications  of  Members. 

Sec  2.  The  members  of  said  Commission  shall  be  known 
and  designated  as  "The  Commissioners  for  the  Revision  and 
Reform  of  the  Law,"  and  the  term  of  office  shall  be  two  (2) 
years  from  and  after  the  first  day  of  April,  eighteen  hundred 
and  ninety-five.  They  shall  not  belong  to  the  same  political 
party,  but  shall  be  members  of  the  legal  profession  who  have 
for  more  than  five  years  prior  to  their  appointment  been  engaged 
in  the  practice  of  the  law  in  this  State,  and  admitted  to  practice 
before  the  Supreme  Court.  Each  shall  be  appointed  from  and 
represent  a  separate  portion  of  the  State. 

Manner  of  Appointment. 

Sec  3.  Said  Commissioners  shall  be  appointed  by  the  Gov- 
ernor within  ten  days  from  the  passage  of  this  Act.  In  case  of 
a  vacancy  or  vacancies  in  said  Commission  by  death,  resigna- 
tion, removal,  or  otherwise,  a  successor  or  successors  to  fill  such 
vacancy  or  vacancies  for  the  unexpired  term  shall  be  appointed 
in  like  manner. 

Notice  of  Appointment. 

Sec  4.  The  Secretary  of  State  shall,  after  the  passage  of  this 
Act  and  the  appointment  of  such  Commissioners,  immediately 
notify  each  appointee  thereof,  and  issue  to  each  appointee  a 
commission,  under  the  great  seal  of  this  State,  notifying  him  of 
the  passage  of  said  Act  and  of  his  appointment  by  the  Gov- 
ernor.    Each  appointee  shall  immediately  upon  receiving  said 


—  272  — 

notice  of  his  appointment,  if  he  accepts  the  same,  take  and 
subscribe  an  oath  of  office,  which  shall  be  filed  in  the  office  of 
the  Secretary  of  State. 

Organization  of  Commission. 

Sec.  5.  The  Commission  shall  hold  its  sessions  in  a  room 
to  be  provided  by  the  Secretary  of  State,  in  the  State  Capitol, 
and  shall  enter  upon  the  discharge  of  its  duties  immediately 
after  its  organization.  Said  Commissioners  shall  select  and 
adopt  a  suitable  seal  for  the  authentication  of  their  acts, 
records,  and  proceedings,  and  adopt  and  provide  for  the  publi- 
cation of  such  reasonable  and  proper  rules  and  regulations  for 
the  conduct  of  the  business  of  said  Board,  and  for  the  promo- 
tion of  the  objects  intended  to  be  advanced  by  this  Act.  They 
shall,  thereupon,  select  and  appoint  a  Secretary  and  Steno- 
grapher, to  hold  office  during  the  pleasure  of  said  Board,  who 
shall  attend  all  the  sittings  of  said  Board,  and  act  under  its 
supervision. 

Powers  and  Duties, 

Sec.  6.  1.  It  shall  be  the  duty  of  said  Commissioners  to 
revise  and  examine  the  Political  Code,  the  Civil  Code,  the  Code 
of  Civil  Procedure,  and  the  Penal  Code  of  the  State  of  California. 

2.  To  revise  and  examine  all  the  statutes  of  this  State  that 
have  been  or  shall  hereafter  be  passed  by  the  Legislature 
thereof  and  published  by  the  State. 

3.  They  shall  ascertain,  determine,  and  designate,  according 
to  their  best  judgment,  those  statutes  now  in  force,  and  those 
expressly  or  by  implication  repealed. 

4.  They  shall  note  and  designate  the  errors,  defects,  or  omis- 
sions, verbal,  grammatical,  or  otherwise,  and  suggest  what  will 
be  necessary  to  supply,  correct,  or  amend  the  same,  and  such 
improvements  as  shall  introduce  precision  and  clearness  into 
the  wording  of  the  codes  and  statutes. 

5.  All  or  any  of  the  reports,  records,  or  proceedings  of  said 
Commission  shall  be  printed  by  the  State  Printer,  on  the  requi- 
sition of  said  Board,  when  so  ordered  and  directed  by  said  Board, 

6.  Said  Board  shall  have  power  to  order  the  State  Printer  to 
print  and  deliver  to  the  Secretary  of  said  Board  such  number  as 
said  Board  may  designate  of  any  report,  record,  or  proceedings 
of  said  Board. 

7.  Said  Commissioners,  or  either  of  them,  upon  the  request  of 
the  Legislature,  or  a  duly  appointed  committee  thereof,  shall 
attend  at  the  Capitol  during  the  sitting  of  said  session  of  the 
Legislature,  and  act  as  legislative  counsel  or  adviser,  in  drafting 
or  passing  upon  the  form  of  any  bill,  or  proposed  bill,  pending  or 
to  be  introduced  before  the  Legislature;  and  also,  when  requested, 
give  advice  to  said  Legislature,  or  such  committee,  as  to  the  form 
of  any  proposed  legislation,  and  its  effect  upon  existing  laws, 
and  as  to  whether  said  bill,  as  drawn  and  presented,  is  so  con- 
structed and  worded  as  to  carry  out  the  purpose  intended. 

8.  Thirty  days  prior  to  every  session  of  the  Legislature,  said 
Board  shall  make  and  file  with  the  Secretary  of  State  a  report 
of  their  transactions  relating  to  legislative  matters,  or  which 


—  273  — 

would  give  any  information  or  knowledge  to  said  Legislature  as 
to  legislation  in  the  past,  and  as  to  the  policy  for  future  legisla- 
tion. And  they  shall  also  report  to  said  Legislature  such  sugges- 
tions as  they  deem  proper  for  the  promotion  of  the  public  welfare 
and  the  best  interests  of  the  State,  or  any  locality  or  citizens 
thereof,  and  file  therewith  schedules  or  exhibits,  showing  the 
form  or  substance  of  all  proposed  legislation  which  they  recom- 
mend. And  they  shall  suggest  all  such  improvements  as  shall 
conduce  to  precision  and  clearness  in  the  wording  of  the  codes 
and  statutes,  and  propose  such  measures  as  may  be  necessary  to 
improve  or  give  unity  and  completeness  to  the  system  of  the 
laws  of  this  State.  Said  reports,  schedules,  and  exhibits  shall 
be  printed  by  the  State  Printer,  upon  the  requisition  and  under 
the  supervision  of  the  Commissioners.  They  shall  be  so  printed 
as  to  show,  in  the  readiest  manner,  the  changes  proposed  by  the 
Commission,  and  in  those  cases  wherein  it  shall  recommend  the 
repeal  of  a  law,  and  propose  a  substitute  therefor,  such  law  and 
substitute  shall  be  printed  in  the  manner  most  convenient  for 
comparison. 

9.  Said  Board  shall  at  all  such  times  as  they  may  designate 
by  rules  and  regulations  which  they  may  adopt,  sit  in  open 
session  and  hear  such  printed  or  oral  arguments  as  may  be 
addressed  to  them,  for  or  against  any  proposed  or  existing  legis- 
lation. All  such  sessions  of  the  Board  shall  be  open  to  the 
public,  and  a  record  of  all  proceedings  shall  be  kept  and  pre- 
served by  the  Secretary  of  said  Board. 

Compensation. 

Sec.  7.  1.  Said  Commissioners  shall  receive  for  their  services, 
from  the  State,  the  sum  of  four  thousand  dollars  each  per 
annum;  such  compensation  shall  be  paid  in  the  same  manner 
as  the  salaries  of  the  Justices  of  the  Supreme  Court  are  now 
paid. 

2.  The  Secretary  of  the  Commission  shall  receive  the  sum  of 
two  hundred  dollars  ($200)  per  month,  and  the  Stenographer 
one  hundred  dollars  ($100)  per  month,  payable  in  like  manner 
as  the  salaries  are  paid  to  the  members  of  said  Commission. 

3.  The  expenses  incurred  by  said  Commission,  or  the  mem- 
bers thereof,  exclusive  of  salaries,  shall  be  set  forth  in  detail  in 
an  itemized  statement,  and  thereupon  a  requisition  shall  be 
made  by  said  Board  of  Commissioners  upon  the  State  Con- 
troller, accompanied  by  the  sworn  certificates  of  all  the  Com- 
missioners that  the  services  have  been  performed  and  the 
materials  used  or  things  furnished,  and  that  said  sums  are 
justly  due. 

4.  And  said  State  Controller  is  hereby  directed  to  draw  his 
warrant  on  the  Treasurer  for  the  payment  of  said  salaries, 
when  due  and  payable,  as  herein  provided.  And  also  for  such 
sums  as  are  covered  by  said  requisitions,  and  the  Treasurer  is 
hereby  directed  to  pay  the  same  out  of  any  money  not  otherwise 
appropriated. 

Sec  8.     This  Act  shall  take  effect  and  be  in  force  from  and 
after  the  date  of  its  passage. 
18 


—  274  — 


PROPOSED   CONSTITUTIONAL   AMENDMENTS. 


CHAPTER   VI. 

Assembly  Constitutional  Amendment  No.  S3,  relative  to  amend- 
ing the  Constitution  of  State  of  California,  by  repealing  sections 
four  and  five  of  article  thirteen,  and  by  amending  section  one  of 
said  article. 

[Adopted  February  14,  1895.] 

The  Legislature  of  the  State  of  California,  at  its  regular  session  ^ 
commencing  on  the  seventh  day  of  January,  eighteen  hundred 
and  ninety-five,  two  thirds  of  all  the  members  elected  to  each 
of  the  houses  of  said  Legislature  voting  in  favor  thereof, 
hereby  propose  that  the  Constitution  of  the  State  of  Cali- 
fornia be  amended  by  repealing  sections  four  and  five  of 
article  thirteen  thereof,  and  by  amending  section  one  of  said 
article,  so  as  to  read  as  follows: 

Section  1.  All  property  in  the  State  not  exempt  under  the 
laws  of  the  United  States,  or  this  Constitution,  shall  be  taxed 
in  proportion  to  its  value,  to  be  ascertained  as  provided  by  law. 
The  word  "  property,"  as  used  in  this  article  and  section,  is 
hereby  declared  to  include  moneys,  credits,  bonds,  stocks,  dues, 
franchises,  and  all  other  matter  and  things,  real,  personal,  and 
mixed,  capable  of  private  ownership;  provided,  that  property 
used  for  free  public  libraries  and  free  public  museums,  growing 
crops,  mortgages,  trust  deeds,  property  used  exclusively  for  pub- 
lic schools,  and  such  as  may  belong  to  the  United  States,  this 
State,  or  to  any  county  or  municipal  corporation  within  this 
State,  shall  be  exempt  from  taxation.  The  Legislature  may 
provide  for  a  reduction  from  credits  of  debts  due  bona  fide  resi- 
dents of  this  State. 

Sec.  2.  Section  four  of  article  thirteen  of  this  Constitution 
is  hereby  repealed. 

Sec  3.  Section  five  of  article  thirteen  of  this  Constitution  i& 
hereby  repealed. 


CHAPTER  VIII. 

Senate  Constitutional  Amendment  No.  8,  a  resolution  to  propose  to 
the  people  of  the  State  of  California  an  amendment  to  the  Con- 
stitution of  the  State,  amending  section  five  of  article  two  thereof, 
relative  to  the  manner  of  voting. 

[Adopted  February  20,  1895.] 

The  Legislature  of  the  State  of  California,  at  its  thirty-first 
session,  commencing  on  the  seventh  day  of  January,  Anno 
Domini  one  thousand  eight  hundred  and    ninety-five,  two 


—  275  — 

thirds  of  all  the  members  elected  to  each  house  of  said 
Legislature  voting  in  favor  thereof,  hereby  propose  that  sec- 
tion five  of  article  two  of  the  Constitution  of  the  State  of 
California  be  amended  so  as  to  read  as  follows: 

Section  5.  All  elections  by  the  people  shall  be  by  ballot  or 
by  such  other  method  as  may  be  prescribed  by  law;  provided, 
that  secrecy  in  voting  be  preserved. 


CHAPTER  XVIII. 

Assembly  Constitutional  Amendment  No.  19,  proposing  an  amend- 
ment to  section  three  of  article  twelve  of  the  Constitution  of  the 
State  of  California,  relative  to  corporations,  for  the  purpose  of 
limiting  the  liability  of  stock  or  share  holders,  and  fixing  the 
liability  of  Directors  or  Trustees. 

[Adopted  March  9, 1895.] 

Resolved  by  the  Assembly,  the  Senate  concurring,  That  the  Legis- 
lature of  the  State  of  California,  at  its  regular  session  com- 
mencing on  the  seventh  day  of  January,  Anno  Domini  one 
thousand  eight  hundred  and  ninety-five,  two  thirds  of  all  the 
members  elected  to  each  house  concurring,  hereby  propose 
that  section  three  of  article  twelve  of  the  Constitution  of 
said  State  be  amended  so  as  to  read  as  follows: 

Section  3.  The  liability  of  stockholders  of  corporations  or 
joint-stock  associations  shall  be  limited  by  the  face  value  of 
the  shares  of  the  subscribed  capital  stock  or  shares  of  such 
corporation  or  association;  and  whenever  any  shares  have  been 
fully  paid  up,  the  holder  of  such  shares  shall  not  be  further 
liable  to  such  corporation  or  association,  or  the  creditors 
thereof,  on  that  account.  Each  stockholder  of  a  corporation 
or  joint-stock  association,  whose  capital  stock  is  not  fully  paid 
up,  shall  be  individually  and  personally  liable  for  such  propor- 
tion of  all  its  debts  and  liabilities  contracted  or  incurred 
during  the  time  he  was  a  stockholder  or  shareholder,  as  the 
amount  unpaid  upon  the  stock  or  shares  owned  by  him  bears 
to  the  whole  amount  unpaid  upon  the  subscribed  capital  stock 
or  shares  of  the  corporation  or  association.  The  Directors  or 
Trustees  of  corporations  and  joint-stock  associations  shall  be 
jointly  and  severally  liable  to  the  creditors  and  stockholders 
for  all  moneys  embezzled  or  misappropriated  by  the  officers  of 
such  corporation  or  joint-stock  association,  during  the  term  of 
office  of  such  Director  or  Trustee. 


276  — 


CHAPTER  XXIII. 

Senate  Constitutional  Amendment  No.  25,  proposing  to  the  people 
of  the  State  of  California  an  amendment  to  section  six,  article 
eleven,  of  the  Constitution  of  the  State  of  California. 

[Adopted  March  16,  1895.] 

Resolved  by  the  Senate,  the  Assembly  concurring,  That  the  Legis- 
lature of  the  State  of  California,  at  its  regular  session,  com- 
mencing on  the  seventh  day  of  January,  in  the  year  one 
thousand  eight  hundred  and  ninety-five,  two  thirds  of  all  the 
members  elected  to  each  house  concurring,  hereby  propose 
that  section  six  of  article  eleven  of  the  Constitution  of  said 
State  be  amended  so  as  to  read  as  follows: 

Section  6.  Corporations  for  municipal  purposes  shall  not 
be  created  by  special  laws;  but  the  Legislature,  by  general 
laws,  shall  provide  for  the  incorporation,  organization,  and 
classification,  in  proportion  to  population,  of  cities  and  towns, 
which  laws  may  be  altered,  amended,  or  repealed.  Cities  and 
towns  heretofore  organized  or  incorporated  may  become  organ- 
ized under  such  general  laws  whenever  a  majority  of  the 
electors  voting  at  a  general  election  shall  so  determine,  and 
shall  organize  in  conformity  therewith;  and  cities  and  towns 
heretofore  or  hereafter  organized,  and  all  charters  thereof 
framed  or  adopted  by  authority  of  this  Constitution,  except  in 
municipal  affairs,  shall  be  subject  to  and  controlled  by  general 
laws. 


CHAPTER  XXIV. 

Senate  Constitutional  Amendment  No.  18,  to  propose  to  the  people 

of  the  State  of  California  an  amendment  to  the  Constitution  of 

the  State,  amending  article  eleven,  relating  to  cities,  counties, 

and  towns. 

[Adopted  March  16,  1895.] 

Resolved  by  the  Senate,  the  Assembly  concurring,  That  the  Legis- 
lature of  the  State  of  California,  at  its  regular  session,  com- 
mencing on  the  seventh  day  of  January,  eighteen  hundred 
and  ninety-five,  two  thirds  of  all  the  members  elected  to  each 
house  concurring,  hereby  proposes  that  article  eleven  of  the 
Constitution  of  said  State  be  amended  by  adding  thereto  a 
section,  to  be  numbered  eight  and  one  half,  and  which  said 
section  is  as  follows,  to  wit: 

Section  8-J.  It  shall  be  competent,  in  all  charters  framed 
under  the  authority  given  by  section  eight  of  article  eleven  of 
this  Constitution,  to  provide,  in  addition  to  those  provisions 
allowable  by  this  Constitution  and  by  the  laws  of  the  State,  as 
follows: 


—  277  — 

1.  For  the  constitution,  regulation,  government,  and  juris- 
diction of  Police  Courts,  and  for  the  manner  in  which,  the  times 
at  which,  and  the  terms  for  which  the  Judges  of  such  Courts 
shall  be  elected  or  appointed,  and  for  the  compensation  of  said 
Judges  and  of  their  clerks  and  attaches. 

2.  For  the  manner  in  which,  the  times  at  which,  and  the 
terms  for  which  the  members  of  Boards  of  Education  shall  be 
elected  or  appointed,  and  the  number  which  shall  constitute 
any  one  of  such  Boards. 

3.  For  the  manner  in  which,  the  times  at  which,  and  the 
terms  for  which  the  members  of  the  Boards  of  Police  Com- 
missioners shall  be  elected  or  appointed,  and  for  the  constitu- 
tion, regulation,  compensation,  and  government  of  such  Boards 
and  of  the  municipal  police  force. 

4.  For  the  manner  in  which,  the  times  at  which,  and  the 
terms  for  which  the  members  of  all  Boards  of  Election  shall 
be  elected  or  appointed,  and  for  the  constitution,  regulation, 
compensation,  and  government  of  such  Boards,  and  of  their 
clerks  and  attaches;  and  for  all  expenses  incident  to  the  hold- 
ing of  any  election. 

Where  a  city  and  county  government  has  been  merged  and 
consolidated  into  one  municipal  government,  it  shall  also  be 
competent  in  any  charter  framed  under  said  section  eight  of 
said  article  eleven,  to  provide  for  the  manner  in  which,  the 
times  at  which,  and  the  terms  for  which  the  several  county 
officers  shall  be  elected  or  appointed,  for  their  compensation, 
and  for  the  number  of  deputies  that  each  shall  have,  and  for 
the  compensation  payable  to  each  of  such  deputies. 


CHAPTER  XXVII. 

Assembly  Constitutional  Amendment  No.  11,  a  resolution  to  pro- 
pose to  the  people  of  the  State  of  California  an  amendment  to 
section  one  of  article  two  of  the  Constitution,  in  relation  to  the 
right  of  suffrage. 

[Adopted  March  16,  1895.] 

Resolved  by  the  Assembly,  the  Senate  concurring,  That  the  Legis- 
lature of  the  State  of  California,  at  its  regular  session, 
commencing  on  the  seventh  day  of  January,  Anno  Domini 
one  thousand  eight  hundred  and  ninety-five,  two  thirds  of 
the  members  elected  to  each  of  the  two  houses  voting  in  favor 
thereof,  hereby  propose  that  section  one  of  article  two  of  the 
Constitution  of  the  State  of  California  be  amended  to  read  as 
follows: 

Section  1.  Every  native  citizen  of  the  United  States,  every 
person  who  shall  have  acquired  the  rights  of  citizenship  under 
or  by  virtue  of  the  treaty  of  Queretaro,  and  every  naturalized 
citizen  thereof,  who  shall  have  become  such  ninety  days  prior 
to  any  election,  of  the  age  of  twenty-one  years,  who  shall 
have  been  a  resident  of  the  State  one   year  next  preceding 


—  278  — 

the  election,  and  of  the  county  in  which  he  or  she  claims  to 
vote  ninety  days,  and  in  the  election  precinct  thirty  days, 
shall  be  entitled  to  vote  at  all  elections  which  are  now  or 
may  hereafter  be  authorized  by  law;  provided,  no  native  of 
China,  no  idiot,  insane  person,  or  person  convicted  of  any 
infamous  crime,  and  no  person  hereafter  convicted  of  the 
embezzlement  or  misappropriation  of  public  money,  and  no 
person  who  shall  not  be  able  to  read  the  Constitution  in  the 
English  language,  and  write  his  or  her  name,  shall  ever 
exercise  the  privilege  of  an  elector  in  this  State;  provided,  that 
the  provisions  of  this  amendment  relative  to  an  educational 
qualification  shall  not  apply  to  any  person  prevented  by  a 
physical  disability  from  complying  with  its  requisitions,  nor 
to  any  person  who  now  has  the  right  to  vote,  nor  to  any  person 
who  shall  be  sixty  years  of  age  and  upward  at  the  time  this 
amendment  shall  take  effect. 


INDEX. 


Page. 
A 

Absent  parties  in  interest,  agents  for, 

Court  may  appoint  __ 58 

Accounts  of  trustees  of  estates,  settle- 
ment of 53 

Act,  Banking.    (Repealed) 60 

Action,  by  and  against  executors  and 

administrators 61 

civil,  Court  may  dismiss. _ 28 

civil,  Controller  may  proceed  by 23 

civil,  limitations __.  29 

Additional  deputies,  not  applicable  to 
counties  of    eighth   and   one  half 

class _.  13 

Administrator   to  deduct   tax  on  in- 
heritance   _ 30 

foreign,  may  satisfy  mortgage,  how..  26 
and  executors,  actions  maintained  by 

and  against _ __  61 

Administrator,  Public,  fees  of 217 

to  publish  returns  of  estates  semi- 
annually  116 

to    account  to  County  Clerk   semi- 
annually   90 

to  file  reports 35 

salary  of,  in  counties  of  eighth  and 

one  half  class 7 

Adoption  of  children 36 

Adulteration  of  drugs  and   food,  de- 
fined  ._ 56 

exceptions 56 

penalty 57 

samples  for  analysis _.  57 

Adverse  claims  to  property,  action  may 

be  brought 57 

wills  in  evidence 57 

right  to  trial  by  jury 57 

Affidavit    of    candidate,   no    fees    for 

filing 218 

false,  in  case  of  deposit  in  bank 29 

Aged  and  indigent  persons,  Act  to  ap- 
propriate money  for,  repealed 23 

Agents  for  absent  parties 58 

Agricultural    districts,    division   and 

classification  of  counties  .. 75 

Agricultural  Associations,  status  de- 
fined  14 

duties  of 14 

certificates 15 

stock... 15 

stockholders' meetings ... 15 

called  meetings _ 15 

acceptance  of  State  aid 16 

Board  of  Directors... 16 

conflicting  Acts  repealed 16 

Aid,    State,    to    Agricultural    Associa- 
tions...   16 

Alterations  may  be  made  in  plans  of 

unfinished  buildings 121 

Altered  plans,  contracts  valid 121 

Alternate  Jurors,  Act  relating  to 220 

Annuity  Fund,  public  school  teachers'-  126 


Page. 

Anti-toxine,  Board  of  Health  to  pro- 
cure   41 

Appeals,  dismissal  of 49 

Applicants  for  admission  to  the  bar, 

who  may  examine 47 

Appointees,  municipal  corporations ._  24 
Appointment  of  interpreter  of  Italian 

language _.  34 

Appraiser  to  be  appointed  by  Court, 

when;  collateral  inheritance 31 

to  report;  collateral  inheritance 31 

compensation,  inheritances 31 

Arms,  only  National  Guard  to  drill  with  149 
Arms  or  explosives,  deposited  on  the 

grounds  at  Whittier  or  lone 68 

Articles,  Contraband,  deposited  on  the 

grounds  at  Whittier  or  lone 68 

Articles    of    incorporation,   copy   of, 

prima  facie  evidence 27 

Assembly  Constitutional  Amendments. 

(See  Constitutional  Amendments.) 
Assessment,  personal  taxes,  all  laws 

general  236 

Assessors,  in  counties  of  second  class 

must  not  retain  percentage 12 

may  retain  percentage  in  counties  of 

eighth  and  one  half  class 12 

salary  of,  in  counties  of  eighth  and 

one  half  class 7 

Assignee 63 

publication  by... 63 

Assignments  for  benefit  of  creditors...  62 

insolvent  debtor  may  execute 62 

form  of 62 

Sheriff's  duties  andfees 62 

publication  by  Sheriff 62 

mortgagee  may  not  vote 63 

assignee _ 63 

inventory  must  be  filed. __ 63 

Sublication  by  assignee.. 63 

ividends _ 64 

rights  of  mortgagee 64 

rights  of  redemption 64 

Assistant  Attorney-General 54 

Associations,  Building  and  Loan 77 

Associations,  Co-operative,  Act  provid- 
ing for  operation 171 

Attorney,    District,    duty   relative    to 

Public  Administrator '8  report 35 

Attorney-General,  assistant  and  depu- 
ties, provision  for _ 54 

duties  of 54 

may  not  employ  special  counsel,  ex- 
cept  54 

Attorney,  Power  of,  married  woman 

may  make 35 

Auditor,  salary  of,  in  counties  of  eighth 

and  one  half  class 7 

certificates  of,  for  delinquent  taxes..  22 
see  also  Revenue  and  Taxation. 
Autopsies,  Coroner  to  appoint  physi- 
cian to  hold,  where 46 


—  280 


Page. 
B 

Ballots,  to  be  provided. _ 232 

unused,  to  be  destroyed 232 

spoiled 233 

clerks  must  account  for  all 234 

unused,  must  be  canceled ...  234 

Ballot-boxes 232 

Banking  Act.    (Repealed)... 60 

Bank  Commissioners,  duties  and  powers  128 

report _. 129 

annual  examinations  129 

must  examine  under  oath 129 

penalty  to  be  imposed  for  conducting 

business  without  licenses 129 

banks  shall  report  when  required 130 

contents  of  report . 130 

oath .  131 

penalty 131 

proceedings,  unsafe  institutions 131 

duty  of  Attorney-General 131 

injunction  dissolves  attachments 132 

bank  directors  to  be  removed,  when..  132 

limit  of  liquidation _ 132 

extension  of  time 133 

reports  to  commissioners..-  133 

powers  of  _ 133 

penalty  for  non-compliance 133 

salary  and  qualifications... 133 

secretary 133 

office  hours _ —  133 

expenses 133 

reports  to  be  filed 134 

fund,  how  provided 134 

persons  and  partnerships _.  134 

private  banks  to  report. 134 

penalty  for  non-compliance 135 

capital  stock  of  savings  banks 135 

surplus  or  reserve  fund 135 

who  may  use  word  "bank" 136 

capital  stock,  advertised _.  136 

Bank  deposit  of  deceased  person  may 

be  collected  by  next  of  kin .,    29 

Bar,  applicants  for  admission  to,  by 

whom  examined 47 

Barber  shops,  keeping  open  on  Sun- 
days, etc 191 

Bass,  Black.    (See  Fish  and  Game.) 
Bass,  Striped.    (See  Fish  and  Game.) 
Bath-houses,  keeping  open  on  Sundays, 

etc 191 

Bids,  for  lighting  streets,  etc 147 

Bills,  Legislative,  State  Printer  to  en- 
gross  82 

State  Printer  to  enroll 83 

printed  bills  not  amended  to  be  con- 
sidered engrossed 82 

Blank  cartridges,  troops  not  to  fire 149 

Boards  of  Education,  municipal  corpo- 
rations -. 24 

Boards  of  Election,  how  appointed 230 

Board  of  Election  Commissioners,  who 

to  constitute 267 

term  of  office 268 

vacancy 268 

salary 268 

powers  of  Board _ __  269 

clerk  of  Board 269 

secretary  and  salary _ 269 

secretary,  qualifications  of 269 

oaths,  official 269 

appointment  of  clerks,  etc 269 

Clerks,  County,  and  of  Common  Coun- 
cil  270 

oaths 270 


Page. 

Board  of  Election  Commissioners— 
Continued. 

secretary  in  cities  of  150,000 270 

expenditure  of  public  money 270 

contracts  to  be  let 270 

printing  of  ballots,  excepted 270 

application  of  Act 270 

Board  of  Equalization,  tax  levy  for 
forty-seventh  and  forty-eighth  fis- 
cal years ... 118 

see  also  Revenue  and  Taxation. 

Board  of  Health,  to  procure  anti-toxine.    41 

Board,  Sanitary,  powers  of 65 

Boards  of  Supervisors,  may  grant  ad- 
ditional assistance 121 

may  provide  municipal  building 186 

to  pay  for  license  collections 211 

Boards  of  Trustees,  duties  of,  in  cer- 
tain cities,  relative  to  taxation 169 

Board  of  Trustees  of  Firemen's  Relief 

Fund,  term 80 

vacancies _ 80 

organization _.    81 

to  make  report 81 

exempt  firemen  to  be  enrolled 81 

fund,  now  provided.. 81 

disbursements ._ 81 

limit  of  relief  granted 82 

Trustees  to  issue  warrants 82 

Booths,  election 232 

Bonds,  unsold,  of  irrigation    districts 

may  be  destroyed 90 

public  school 189 

Bounty,  Coyote,  repealed 3 

Building  and  Loan  Commissioners,  sal- 
ary of.. 77 

secretary. 77 

office 77 

rent 77 

stationery,  etc 77 

bonds 78 

duties 78 

report  to  Governor 78 

duties  of  associations 78 

associations  to  pay  assessment 78 

licenses 79 

may  revoke  licenses 79 

associations  must  report 79 

report  to  contain 79 

Building  and  Loan  Association  de- 
fined  80 

Building,   municipal.    (See    Municipal 
Building.) 
public.    (See  Contracts.) 

public,  completion  of 122 

unfinished,  alterations  in  plans 121 

Bureau  of  Highways,  qualifications  of 

members 207 

vacancy.. 207 

bond 207 

duties  of  Bureau 207 

duties,  relative  to  laws.. 208 

information  and  advice 208 

orders  for  material.. 208 

public  meetings 208 

power  to  call  for  assistance 208 

salary 208 

organization  of  Bureau 208 

location  of  office 209 

clerical  and  expert  assistance 209 

traveling  expenses 209 

seal,  etc _ 209 

data 209 

legal  advice. ._ 209 


—  281 


Page. 

Bureau  of  Highways— Continued. 

shall  report  to  Governor 209 

bulletins - 209 

duty  of  State  Printer  .... 209 

to  exist  two  years 209 

appropriation 209 

Bureau,  State  Dairy __ 40 

Butter,    imitation,    manufacture    and 

sale  of,  prohibited 37 

substitute  for,  must  not  be  used  in 

State  institutions _ -..    39 

substitute  for,  purchasers  must  be  in- 
formed  39 

substitute  for,  penalty  for  violation 
of  Act - 39 

C 
Capital  stock,  shares  are  personal  prop- 
erty   87 

shares,  how  transferred _ 87 

irrigation  stock  appurtenant  to  cer- 
tain lands 87 

Carriers,  Common,  not   to  carry  un- 
labeled butter  packages 38 

Cemeteries,  removal  of  human  remains  116 

income  from  trust  funds 119 

Cemetery  corporations,  deeds  by,  how 

executed 59 

Certificates,     Auditor's,      delinquent 

taxes  22 

Certificates  of  nomination,  when  to  be 

filed -  231 

Cheese,  imitation,  prohibition  of  sale 

of — 37 

skimmed-milk._. 37 

substitute  for 38 

Children,  adoption  of 36 

Cities  and  counties,  judgments  against, 

how  paid - 120 

may  grant  franchises  for  underground 

or  elevated  railroads 186 

Citizenship  papers,  no  fee  for  filing  ...  217 
Civil  action,  Controller  may  proceed  ..    23 

dismissal  of 28 

Court  may  dismiss 28 

limitations _ 29 

Civil  Code,  amendments  to — 
Sec.  47,  relating  to  libel  and  slander  .  123 

Sec.  48,  malice  not  inferred. 124 

Sec.  55,  marriage,  what  constitutes...    88 

Sec.  57,  marriage,  how  proved. 88 

Sec.  68,  marriage,  procedure  required.    88 

Sec.  75.     (Repealed)... 88 

Sec.  224,  regarding  the  adoption  of 

children - 36 

Sec.  297,  articles  of  incorporation,  copy 

of,  evidence -- 27 

Sec.  324,  shares  of  stock,  personal  prop- 
erty ;  how  transferred 87 

Sec.  492,  franchises  for  elevated  or 

underground  railroads 186 

Sec.  493,  franchises  for  railroad  tracks.  186 
Sec.  502,  relating  to  time  allowed  for 
commencing  work  and  completing 

the  same - 17 

Sec.  616,  income  from  trust  fund  for 

cemetery -- 119 

Sec.  653,  consolidation  of  colleges 36 

Sec.  717,  relating  to  lease  of  agricult- 
ural lands - 59 

Sec.    1093,    conveyances   by  married 

women 47 

Sec.  1094,  married  women  may  make 
power  of  attorney 35 


Page. 

Civil  Code— Continued. 

Sec.  1214,  every  conveyance  must  be 
recorded !.. 45 

Sec.  1416,  work  on  water'rights 55 

Sec.  1859,  liability  of  innkeepers,  etc..    44 

Sec.  1860,  innkeepers,  etc.,  how  ex- 
empted from  liability 44 

Sec.  2939  }£,  how  foreign  executors  and 
administrators  may  satisfy  mort- 
gages  26 

Sec.  2955,  what  personal  property  may 
be  mortgaged 48 

Sec.  3010,  pledge-holder  may  purchase 
pledged  property 25 

Sec.  34-10,  certain  transfers  presumed 
fraudulent _ 43 

Sec.  3442,  question  of  fraud,  how  de- 
termined  115 

Sec.  3449,  insolvent  debtor  may  exe- 
cute assignment 62 

Sec.  3468,  inventory  must  be  filed 
before  sale ._ 63 

Sec.  276,  relative   to   applicants  for 

admission  as  attorney 47 

Classification  of  counties,  to  regulate 
compensation  of  officers 3 

according  to  population 4-6 

Clerk,  County,  salary  of,  in  counties  of 
eighth  and  one  half  class 7 

fees  of,  in  counties  of  eighth  and  one 
half  class _.      8 

additional  deputies,counties  of  eighth 
and  one  half  class  excepted 13 

fees  of 211-212 

Clerks,  Deputy,  salary  of 13 

Clerks,  Fee,  may  be  appointed,  where  .  120 
Clerks  of  Police  Courts,  shall  be  ap- 
pointed, where 83 

salary.. _ 84 

duties 84 

office  hours _ 84 

bond 84 

Clerk  of  Supreme  Court,  fees  to  be  col- 
lected by 26 

Code  of  Civil  Procedure,  amendments 
to- 
Sec.  527,  injunctions 45 

Sec.  581,  relating  to  the  dismissal  of 
'    civil  actions 28 

Sec.  670,  judgment  roll,  defined 42 

Sec.  671,  relating  to  the  lien  of  judg- 
ments  33 

Sec.  685,  enforcement  of  judgment 
after  five  years 34 

Sec.  702,  when  property  may  be  re- 
deemed, and  redemption  money...  175 

Sec.  703,  when  judgment  debtor  or 
other  redemptioner  may  redeem...  176 

Sec.  726,  proceedings  in  foreclosure 
suits 74 

Sec.  738,  relating  to  adverse  claims  to 
property ___     57 

Sec.  954,  dismissal  of  appeals 49 

Sec.  1054,  extending  time  within  which 
an  act  is  to  be  done 13 

Sec.  1238,  right  of  eminent  domain 
exercised  in  behalf  of  what  uses...    66 

Sec.  1582,  actions  may  be  maintained 
by  and  against  executors  and  ad- 
ministrators   61 

Sec.  1691,  agents  for  absent  parties  in 
interest _ _ 58 

Sec.  1699,  relating  to  settlement  of  ac- 
counts of  trustees  of  estates 53 


282 


Page. 

Code  of  Civil  Procedure— Continued. 
Sec.  1736,  Public  Administrator  every 
six  months  to  make  and  publish  re- 
turn of  condition  of  estate 116 

Sec.  1739,  Public  Administrators  to 
account  to  County  Clerks  semi- 
annually.  90 

Sec.  1744,  Public  Administrators  to 

tile  reports _ 35 

Sec.  1799,   relating   to    discharge    of 

guardians 25 

Code  Commission.  (See  Commissioners 
for  the  Revision  and  Reform  of  the 
Law.) 

Collateral  inheritances,  tax  on 30 

appraiser's  com pensation 31 

County   Clerk    to   keep    record    of 

values... 32 

State  Treasurer  to  pay  expenses  in 

tax  suits 32 

Collection   of  delinquent  taxes,  pay- 
ment of  commissions  for,  legalized-    69 
Collection  of  personal  taxes,  all  laws 

general 236 

Collector,  to  enter  description  of  land.    19 

Colleges,  consolidation  of... 36 

Commanding  officer,  discretion  in  at- 
tacking mob  ._ 149 

Commencing  work,  time  allowed;  right 

of  way  _. _.-     17 

Commissioners,  Bank 128 

see  also  Bank  Commissioners. 
Commissioners,    Building   and    Loan. 
(See  Building  and  Loan  Commissioners,) 
Commissioners,    Code.     (See    Commis- 
sioners for  Revision  and  Reform  of 
the  Law.) 
Commissioner,    Court,   in   foreclosure 

suits _ ---    74 

Commissioner,  Insurance,  to  deter- 
mine value  of  certain  estates 31 

Commissioners  for  the  Revision  and 
Reform  of  the  Law,  qualifications 

and  term  of  office . ._ 271 

Governor  to  appoint 271 

Secretary  of  State  to  notify 271 

organization _ 272 

secretary  and  stenographer 272 

powers  and  duties 272 

shall  attend  sittings  of  Legislature  ..  272 
shall  file   report  with    Secretary  of 

State 273 

State  Printer,  duty  of 273 

open  sessions ..  273 

compensation.. _..  273 

secretary  and  stenographer,  salary.-  273 

expenses,  contingent _.  273 

Controller  and  Treasurer,  directed...  273 
Commissioners,    Road,    salary    of,    in 
counties  of  eighth  and    one    half 

class 7 

Commitment  of  insane 33 

female    must    be    accompanied    by 

female  attendant  or  relative .-    33 

Common  carriers,  not  to  carry  un- 
labeled butter  packages 38 

Completion  of  public  buildings 122 

Consolidation  of  colleges 36 

specific  grants  must  not  be  diverted.    37 

Constables,  fees  of 214 

fees  of,  in  counties  of  eighth  and  one 

half  class _ 7,  10 

mileage  of,  in  counties  of  the  eighth 
and  one  half  class 11 


Page. 
Constitutional  amendments,  Assembly 

No.  11,  right  of  suffrage 277 

Assembly  No.  19,  liability  of  stock- 
holders   _ 275 

Assembly    No.  33,  defining    taxable 

property 274 

Senate  No.  8,  elections,  how  held 274 

Senate  No.  13,  relative  to  cities,  coun- 
ties, and  towns. ._ _ 276 

Senate  No.  25,  relative  to  municipal 

corporations 276 

Contracts,  according  to  altered  plans, 

valid   121 

for  lighting  streets,  etc 147,  148 

public  buildings,  etc 184 

Controller,  State,  action  in  name  of, 

against  Auditor 263 

action  in  name  of,  against  Treasurer.  263 
amount  due  county  shall  be  deducted 

on  settlement  with 261 

Auditor   to   certify  to,  amounts  re- 
funded   _ 257 

authorization  from,  to  be  embodied 

in  notice  of  sale 265 

certificate,  to  cancel  erroneous  assess- 
ment   258 

County  Treasurer  to  report  redemp- 
tion money 21 

deeds,  shall  provide  uniform  blank..    20 

deeds,  uniform  blanks  for 20 

deeds  to  be  forwarded  to 255 

detailed  report  to,  by  County  Treas- 
urer  _ 260 

double    assessment   to    be  certified 

to 258 

form  of  book  for  records  of  sales,  to 

prescribe 254 

legalizing  payment  of  commissions, 

delinquent  tax  cases 70 

mav  direct  Collector  not  to  collect, 

when 23 

may  proceed  by  civil  action 23 

must  compute  amounts  to  be  paid  by 

railroad  corporations 244 

redemptioner  to  deliver  receipt  to 260 

redemption  receipt  may  be  recorded-  261 
suit  in  name    of,  against    Clerk   of 

Board  of  Supervisors 244 

Tax  Collector  must  report  sales  to...  254 
to  add  amounts  due  State  from  coun- 
ties, etc ._ 89 

see  also  Revenue  and  Taxation. 

Conveyances,  must  be  recorded 45 

by  married  women _..    47 

Convicts,  Ex-,  not  to  communicate  with 
inmates    of    Whittier   or    Preston 

schools. _ 68 

Convicts,  Sheriff's  fees  for  conveying,  in 

counties  of  eighth  and  a  half  class.    13 
Co-operative  associations,  how  formed  171 
rights  and  interests  of  all  members 

equal 172 

liability  of  members 172 

articles  of  association _ 172 

by-laws _ 172 

by-laws  must  be  recorded 173 

property  is  subject  to  execution 173 

business  may  be  changed 174 

profits,  how  divided 174 

powers  of  association .  174 

associations  may  be  consolidated 174 

associations  may  be  dissolved 175 

Attorney-General  to  bring  suit 175 

Act  to  be  liberally  construed  _. 175 


283  — 


Page. 

Copy  of  articles  of  incorporation,  prima 

facie  evidence ._ 27 

Coroner  to  appoint  physician  to  hold 

autopsies,  where 46 

salary  of,  in  counties  of  eighth  and  one 

half  class - 7 

fees  of 217 

fees  of,  when  acting  as  Justice.. 216 

to  appoint  stenographic  reporter 124 

Corporations,  Ceme'tery,  deeds  exe- 
cuted, how 59 

Corporations,  Municipal,   may   incur 

debts  to  prevent  overflow 70 

manner  of  procedure 70 

duties  of  City  Council 70 

publication  and  elections.. 71 

elections,  how  held 71 

two-thirds  vote  necessary 71 

bonds - 72 

sinking  fund 72 

powers  of  City  Council 72 

contracts,  how  let,.. 73 

additional  bonds  by  Treasurer 73 

Corporations,  Municipal 24 

may  re-fund  indebtedness 156 

of  the  sixth  class,  government  of 210 

of  the  sixth  class,  may  disincorporate    84 

may  change  fiscal  year 91 

time  of  electing  officers 117 

Corporations,  Municipal,  other  than  of 

first  class -.  169 

powers  of  trustees,  relative  to  taxes..  169 

certain  county  officers  to  act 169 

Treasurer,  city  and  county 169 

Auditor,  county,  to  render 170 

Trustees  shall  fix  tax  rate 170 

Auditor  to  compute  taxes 170 

additional  expenses,  how  paid 170, 171 

offices  abolished 171 

redemption  money,  how  apportioned  171 
Council,  Common,  may  provide  for  mu- 
nicipal building 186 

Counsel  may  be  employed  by  State  of- 
ficers, when _ 55 

Counties,  classification  of 4-6 

must  pay  for  persons  committed  to 

State  reform  schools _.    89 

County  may  purchase  toll  road. 150 

County  and  township  officers,  may  re- 
voke appointments 7 

County  and   township     governments, 

Act  amended 3-13 

County  Clerk,  additional  deputies,  coun- 
ties of  eighth  and  one  half  class  ex- 
cepted _ 13 

fees  of  ....  - ....211-213 

fees  of,  in  counties  of  eighth  and  one 

halfclass... 8 

Public  Administrator    to  report    to, 

semi-annually 90 

salary  in  counties  of  eighth  and  one 

halfclass 7 

County  High  Schools 225 

County  officers,  not  to  act  as  Notary...      7 

must  demand  fees  in  advance 215 

County     Superintendent    of     Schools, 

duties  of 4y-52 

County  Treasurer,  money  may  be  de- 
posited with,  for  absent  parties 58 

Court    Commissioner,    in    foreclosure 

suits 74 

Court,  may  dismiss  civil  action 28 

may  appoint  agent  for  absent  parties.    58 


Page. 

Court—  Continued. 
to  appoint  appraiser  for  collateral  in- 
heritance, when 31 

Coyote  bounty.    (Repealed) 3 

Crawfish.    (See  Fish  and  Game.) 

D 

Dairy  Bureau,  State 40 

Debtor,  insolvent,  may  execute  assign- 
ment     62 

Deed  to  State,  land  sold  for  taxes 20 

to  State,  conveys  what 20 

to  State,  must  be  filed.. 20 

by  cemetery  corporations,  how  exe- 
cuted   59 

Deduction  of  tax,  by     administrator, 

etc.,  on  inheritance _ 30 

Deer.    (See  Fish  and  Game.) 
Delinquent  taxes,  Auditor's  certificates    22 
Controller    may    proceed    by     civil 

action 23 

payment  of  commissions  for  collec- 
tion of,  legalized 69 

sales  for;  penalties 22 

sales  of  property  for 18 

receipts  for,  may  be  recorded 22 

receipts    for,    when    recorded    have 

effect  of  deed  of  reconveyance 22 

when  three  hundred  dollars 23 

Departments,  Paid  Fire,  members  to 

have  vacation 60 

Deposit  in  bank  by  deceased  person  may 
be    collected     by    next     of     kin, 

when 29 

may  be  paid  upon  affidavit. __ 29 

Deputy  Attorney-General 54 

Deputies,  additional,  not  applicable  to 
counties  of  eighth  and  a  half  class.    13 

Diphtheria  anti-toxine 41 

Discharge  of  guardians 25 

Disestablishment  of  law  libraries 42 

Disincorporation  of  municipality,  pro- 
cedure  84 

duties  of  Council 85 

shall  not  relieve  debts 86 

taxes  to  pay  indebtedness ... 

surplus 

duties  of  Supervisors 

Dismissal  of  appeals _ . 

of  civil  actions 

Districts,   Agricultural,   classification 

of  counties 75 

District  Attorney,  duty  when  tax  on 

collateral  inheritance  is  unpaid 32 

duty  relative  to  Public  Administra- 
tor's report _ _..    35 

salary  of,  in  counties  of  eighth  and 

one  half  class. __ 7 

Districts,  Protection.    (See  Protection 

Districts.) 
Districts,    Reclamation,    issuance    of 

bonds  by 150 

Districts,  Sanitary _ 65 

Dividends,  assignment  of _.     64 

Doves.     (See  Fish  and  Game.) 

Drugs,  adulteration  of 56 

Ducks.    (See  Fish  and  Game.) 

Duties    of    County  Superintendent  of 

Schools 49-52 

of  Sanitary  Board. 65 

of  Treasurer,  when  tax  on  collateral 
inheritance  is  unpaid 32 


—  284  — 


E 


Page. 


Eggs,  destruction    of.    (See    Fish  and 

Game.) 
Either  party  may  dismiss  civil  action, 

when 28 

Electors,  assistance  to  illiterate 234 

Election  Boards,  how  appointed 230 

Election  booths 232 

Election  Commissioners 267 

Elections    by    municipal  corporations 

.-- _ 24,  117 

Elections,  General,  law  relating  to 230 

Board  of  Election,  how  appointed...  230 

qualifications  and  eligibility... 230 

certificates  of  nomination 231 

nominees,  vacancy  in  list 231 

nominees,  withdrawal 231 

certificate,  officer  may  refuse  to  file..  231 

ballots  to  be  provided 232 

ballots,  unused,  to  be  destroyed 232 

ballot-boxes 232 

booths _ 232 

stamps  and  ink-pads 232 

manner  of  voting 233 

ballots  spoiled 233 

Ballot  Clerks  to  account  for  ballots..  233 

ballots,  unused,  to  be  canceled 233 

electors,  illiterate,  assistance  to 234 

officers  to  assist  in  marking  ballots..  234 

oath _.  234 

list  of  assisted  electors 235 

tally  sheets,  how  filled _ 235 

Election  officer,  unqualified  person  act- 
ing as _ 58 

penalty 58 

Elections,  Primary,  Act  governing 157 

Elections,  Purity  of,  amendments  to 

Act 177 

Elevated    railroads,  who    may    grant 

franchises. 185 

Elk.     (See  Fish  and  Game.) 

Eminent  domain,  right  of 66 

Enforcement   of  judgment    after   five 

years _ _ _    34 

Engrossed  bills,  duty  of  State  Printer.    82 
Enrolled  bills,  duty  of  State  Printer...    82 
Entry,  lands  sold  to  State  subject  to...    20 
Entry  price,  lands  sold  to  State  for  de- 
linquent taxes 20 

Equalization,  Board  of,  tax  levy  for 
forty-seventh  and  forty-eighth  fis- 
cal years 118 

see  also  Revenue  and  Taxation. 
Estates,  future,  contingent,  or  limited, 
value  to  be  determined  by  Insur- 
ance Commissioner,  when 31 

Examination  of  applicants  for  admis- 
sion to  the  bar .    47 

Examiners,  State  Board  of,  to  certify 
amount  of  all  private  claims,  forty- 
seventh  fiscal  year 266 

Execution,  property  sold  on;  redemp- 
tion of 175 

Executors  and  administrators,  actions 

maintained  by  and  against 61 

Exempt  Firemen's  Relief  Fund 80 

Extending  time  in  which  an  act  is  to  be 
done 13 


False  affidavit,  in  case  of  bank  deposit.    29 
Fawn,  Spotted.    (See  Fish  and  Game.) 

Fee  bill 211 

County  Clerk's  fees 211,  212 


Page. 
Fee  bill— Continued. 

Sheriff's  fees _.  213 

Recorder's  fees 213,214 

Clerk,  Sheriff,  and   Recorder  to  ac- 
count for  fees 214 

Constable's  fees 214,215 

Marshal's  fees ...214,  215 

fees  in  advance 215 

fees  of  Justices  of  the  Peace 215,  216 

fees    of     Justices    when    acting    as 

Coroner 216 

jurors'  fees 216 

witness'  fees 217 

Coroner's  fees.. 217 

Public  Administrator's  fees 217 

Surveyor's  fees 217 

citizenship  papers,  no  fees  for 217 

candidate's  affidavit,  no  fees  for 218 

Fee  clerks,  may  be  appointed  where. ._  120 

Fees,  of  Clerk  of  Supreme  Court 26 

compensation    in    full,  counties    of 

eighth  and  one  half  class 12 

of  Constables,  in  counties  of  eighth 

and  one  half  class 7,10 

of  County  Clerk,  in  counties  of  eighth 

and  one  half  class _ 7,  8 

of  County  Clerk 211, 212 

in  advance,  officers  may  demand...  11,  215 
of  jurors,  in  counties  of  eighth  and 

one  half  class 11 

of  Justices  of  the  Peace  in  counties  of 

eighth  and  one  half  class 7, 10 

of  Recorder  in  counties  of  eighth  and 

one  half  class 7,9 

of  Secretary  of  State 52 

of  Sheriff  in  counties  of  eighth  and 

one  half  class 7,  12 

of  Surveyor  in  counties  of  eighth  and 

one  half  class 7 

Sheriff,  Clerk,  and  Recorder  to  ac- 
count for,  in  counties  of  eighth  and 

one  half  class  ._ 10 

to  be  accounted  for 214 

of  witnesses  in  counties  of  eighth  and 

one  half  class _ 11 

see  also  Fee  Bill. 
Female  deer.    (See  Fish  and  Game.) 
Female  insane  person,  must  be  accom- 
panied by  female  attendant 33 

Fire  Departments,  Paid,   members  to 

have  vacation... 60 

Firemen,  Exempt,  Relief  Fund 80 

Fiscal    year,    municipal    corporations 

may  change 91 

Fish  and  Game,  provisions  relative  to..  200 

quail,  robin,  rail,  duck 200 

mountain  quail  or  grouse. _ 200 

destruction  of  eggs... 200 

doves _ 201 

female  deer 201 

fawn,  spotted 201 

elk 201 

sales  of  hide  and  meat,  prohibited...  201 
sales  or  transportation,  prohibited.. _  201 

Eheasants,  protected  for  three  years.  201 
aving  game  in  possession 202 

shotguns,  caliber  of 202. 

posted  land,  shooting  upon 202 

transportation  of  game,  etc.. 202 

song  birds,  protection  to 203 

penalties _ 203 

striped  bass 203 

sturgeon ._ 203 

black  bass 203 

lobsters _ 204 


—  285 


Page. 
Fish  and  Game— Continued. 

crawfish 204 

wire  screens  must  be  maintained 204 

netting  and  trapping  quail,  etc... 204 

trout,  taken  by  hook  and  line  only...  205 

explosives,  use  of,  prohibited 205 

streams  where  U.  S.  Hatchery  located  205 

trout,  close  season  for _ 205 

salmon,  close  season  for 205 

nets,  size  of  meshes. __ _ 205 

pollution  of  streams. 206 

private  pond,  fishing  in 206 

nets,  traps,  etc 206 

young  fish  to  be  preserved 206 

Fish  and  Game  Warden,  office  created.  125 

Food,  adulteration  of 56 

Foreclosure  of  mortgage 74 

Foreign  executors  may  satisfy  mort- 
gage, how 26 

Fraud,  how  determined 115 

Fraudulent  instrument 115 

Fraudulent  transfers  of  personal  prop- 
erty.  43 

Fund,  Annuity,  public  school  teachers'.  126 
Fund,  Trust,  for  cemetery _.  119 

G 

Game  law.    (See  Fish  and  Game.) 

Grand  larceny,  defined 32 

Grants,  Specific,  not  diverted _.    37 

Guardians,  discharge  of 25 

Guard,  National,  of  California 137 

H 

Half-orphans,  adoption  of 36 

letting  of  contracts 185 

Health,  State  Board  of,  to  procure  anti- 
toxine . 41 

High  Schools,  how  established 221 

election  on  petition _.  221 

procedure 221 

Union  High  School  District 221 

location  of  High  School 222 

location  of  Union  High  School 222 

change  of  location 222 

High  School  Boards 223 

High  School  Boards,  meetings  of 223 

High  School  Boards,  powers  of 223 

course  of  study -  224 

text-books - 224 

admission  to 224 

tax  for  building. 224 

Superintendent  to  estimate  tax 225 

Auditor  to  levy  tax 225 

High  School  Fund 225 

County  High  Schools -  225 

boundaries  of  districts 226 

adjacent  districts 226 

lapses - 226 

pupils  from  other  districts 226 

Joint  Union  High  Schools 227 

Joint  Union  Boards 227 

tax,  Joint  Union  Districts 227 

County  High  Schools 227 

election  on  petition 228 

duties  of  Supervisors --  228 

special  tax 228 

deed  to  High  School  property 228 

County  Board  of  Education 228 

course  of  study 228 

tax  levy,  County  High  School 229 

warrants  on  fund 229 

.additional  schools 229  I 


Page. 
High  Schools— Continued. 

who  admitted _ 229 

Principal  of  school 229 

schools  established  prior  to  this  Act.  229 
Highways,  Bureau  of.    (See  Bureau  of 

Highways.) 
Holder  of  pledge  may  purchase  pledged 

property 25 

Holidays,  legal,  barber  shops  and  bath 

houses  not  to  keep  open 191 

Home  for  Inebriates,  Supervisors  shall 

erect,  where 154 

who  may  be  committed  to 154 

b v  whom  to  be  committed 154 

liberty  permits  may  be  granted 155 

Board  of  Health  to  appoint  Superin- 
tendent  155 

Superintendent,  qualifications  of 155 

salary  of  Superintendent 155 

Act  of  1870repealed. _ 155 

Homes,  Soldiers',  sale  of  liquors  near, 

prohibited _ 118 

Honey,  extract  of,  defined 69 

sale  of  imitation,  prohibited 69 

Hotel-keepers,  liability  limited 44 

how  exempted  from  liability 44 

Human    remains,   removal    of,    from 
cemeteries 116 

I 

Imitation  butter  and  cheese 37 

Imitation  honey,  sale  of,  prohibited...  69 
Improvements,  removal  of,  is  larceny, 

when 61 

Income,  from  cemetery  trust  funds 119 

Incorporation,    copy    of    articles    of, 

prima  facie  evidence 27 

Independent  military  companies,  pa- 
rading of 148 

Inebriates,  Home  for.    (See  Home  for 
Inebriates.) 

Inheritances ,  collateral,  tax  on 30 

for  term  of  years,  proceedings  relative 

to  taxation — 30 

appraiser  to  be  appointed  by  Court, 

when 31 

Injunction,  may  be  granted,  when 45 

Insane,  per  diem  in  transportation  of, 

a  State  charge 13 

commitment  of 33 

Insolvency  Act,  how  cited 92 

application  to  Superior  Court,  etc —  92 

petition 92 

schedule,  what  to  contain 93 

inventory 93 

affidavit 93 

order  of  Court 93 

notice  of  meeting 94 

duty  of  Sheriff 94 

publication - _.  94 

who  shall  vote 94 

claims,  how  established 94 

exceptions  to  claims 94 

right  of  participation.. 94 

when  holder  of  mortgage  may  vote..  95 

involuntary  insolvency 95 

adjudication  of 95 

bond — .  96 

order  of  Court 96 

copy  of  petition,  etc 96 

demurrer  _.  97 

Court  to  require  schedule 97 

order  shall  appoint  time,  etc 97 

order  must  be  published 98 


—  286  — 


Page. 
Insolvency  Act— Continued. 

deposit  of  costs  and  fees 98 

proceedings,  when  dismissed 98 

duty  of  Sheriff 98 

rights  of  other  creditors 99 

Court  may  order  sale  .._ - 99 

assignees _ 100 

bond _ 100 

assignee,  when  appointed.. 100 

assignment _ 100 

authority  of  assignee  ._ 101 

assignment  to  be  recorded. _.  101 

assignees  may  resign 101 

assignee,  powers  of 101 

insolvent  to  deliver  books _._  102 

embezzlement _ 102 

penalties  for  concealment 102 

estate  to  be  converted 103 

no  private  sale,  unless 103 

when  Court  may  order  sale 103 

outstanding  debts 103 

assignees,  expenses 103 

rate _ _..  103 

assignee  to  make  exhibit  to  Court ._.  104 
interested   persons   may  file   excep- 
tions..  104 

assignee's  final  account 104 

Court  may  order  assignee _..  104 

creditors  to  share  pro  rata 104 

subsequent  proofs 104 

discharge  of  assignee.. 104 

final  account  of  assignee 105 

partnerships  and  corporations 105 

insolvency  of  partnerships 106 

applicable  to  corporations 106 

proof  of  debts 106 

proof  of  demand 107 

proof  as  indorser  ._ 107 

contingent  debts 107 

any  person  liable  may  prove  debt 107 

fixed  liability _. __.  107 

set-offs 107 

mortgage  creditor _ 108 

creditor  shall  not  maintain  suit 108 

Court  may  proceed  to  judgment 108 

fraudulent  preference 108 

Court  may  examine  debtor.. _ 109 

discharge _ _ _ 109 

when    debtor   may    apply   for   dis- 
charge   _ 109 

discharge,  when  not  granted 109 

opposition  to  discharge.  110 

certificate  of  discharge 110 

fraudulent  debts  not  discharged Ill 

discharge  releases,  from  what Ill 

refusal  of  discharge. Ill 

fraudulent  preferences 111 

penal  offenses 112 

penalty _ 112 

miscellaneous 113 

proceedings  after  death 113 

statute  of  limitations 113 

attorney _ _ _ 113 

exemptions _ - 113 

homestead _.  113 

commencement  of  proceedings 113 

words,  defined 113 

appointment  of  receiver .  _  113 

Code  of  Civil  Procedure 114 

attachment 114 

costs  in  contested  matters 114 

courts  may  dismiss  petition 114 

appeals 114 

repeal  of  conflicting  Acts 115 


Page. 

Insolvent  debtor  may  execute  assign- 
ment  --. 62 

Instruments,  fraudulent 115 

Insurance  Commissioner,  to  determine 
value  of  certain  estates.. 31 

Interpreter  of  Italian  language 34 

Intoxicating  liquors  not  to  be  sold, 
where 118 

Inventory,  must  be  filed  in  assignment 
cases 63 

Irrigation  bonds,  unsold,  may  be  de- 
stroyed   90 

Irrigation  stock,  shares  appurtenant  to 
certain  lands 87 

Italian  language,  interpreter  of  . 34 

J 

Joint  Union  High  School  Districts 227 

Judge,  Superior,  secretaries  to.. 73 

Judgments,  against  certain  cities  and 

counties,  how  paid 120 

enforcement  of,  after  five  years 34 

lien  of,  continues  five  years 33 

lien  of,  in  Federal  Courts  must  be  re- 
corded   _ 47 

Judgment  roll,  defined 42 

Judicial  officers,  misconduct  of 27 

Jurors,  Alternate,  Act  relating  to 220 

how  chosen 220 

rights  and  duties  of 220 

Jurors'  fees,  in  counties  of  eighth  and 

one  half  class 11 

Justices  of  the  Peace,  fees  of 215 

fees  of,  in  counties  of  eighth  and  one 
half  class  ... _ 7, 10 

L 

Land,  leases  of,  term 59 

Lands,  School,  excepted  from  certain 

provisions _ 23 

Lands  sold  to  State,  entry  price 20 

must  be  assessed  for  taxes _..    21 

subject  to  entry _ 20 

Larceny,  removal  of  improvements  on 

real  estate  is 61 

grand,  defined 32 

Law  libraries,  disestablishment  of 43 

Lease,  of  lands,  term  of 59 

Legal  holidays,  barber  shops  and  bath- 
houses not  to  keep  open,  etc 191 

Legislative  bills,  engrossment  and  en- 

rollmentof 82 

Levy,  Tax,  forty- seventh  and  forty- 
eighth  fiscal  years 118 

Liability  of  hotel-keepers,  etc 44 

Libel ._ 123 

malice  not  inferred 124 

Library  Fund,  State,  what  constitutes.    53 

Libraries,  Law,  to  disestablish ..    42 

License  collections,  Supervisors  to  pay 

for 210 

Lien  of  judgments 33 

of  judgments  of  Federal  Courts  must 

be  recorded 47 

Lighting  streets,  etc. 147 

Limitations,  civil  actions 28 

Liquors,  intoxicating,  not  to  be  sold, 

where 118 

Literature,  etc.,  for  inmates  of  Whit- 
tier  or  Preston  schools,  must  pass 
through  Superintendent's  hands...    68 
Lobsters.    (See  Fish  and  Game.) 


287 


Page. 
M 

Male  deer.    (See  Fish  and  Game.) 

Malice  not  inferred,  law  of  libel 124 

Marriage,  procedure  required 88 

must  be  licensed,  solemnized,  authen- 
ticated, recorded 88 

what  constitutes 88 

how  proved _ 88 

Married  women,  conveyances,  etc.,  how 

executed. 47 

may  make  power  of  attorney 35 

Marshals,  fees  of 214 

Mileage,  of  Constables  in  counties  of 

eighth  and  one  half  class 11 

of  Constables  and  Marshals 215 

of  jurors  in  counties  of  eighth  and 

one  half  class _ 11 

of  Sheriff  in  counties  of  eighth  and 

one  half  class 9 

of  Sheriffs 213 

of  Supervisors  in  counties  of  eighth 

and  one  half  class 7 

Military  companies,  parading  of  inde- 
pendent  148 

Mining   Bureau,    to   provide   data    to 

Bureau  of  Highways 209 

Misconduct  of  judicial  officers 28 

of  stenographers 28 

Mob,  discretion  of  officers  in  attacking.  148 
Money  received  by  State  in  redemp- 
tion, how  distributed 21 

Mortgages,  foreclosure  of 74 

how  foreign  administrators  and  ex- 
ecutors may  satisfy 26 

of  personal  property,  what  may  be ._    48 
Mortgagee    may  not  vote   in    assign- 
ment cases 63 

Mortgaged  property,  removal  of  im- 
provements, larceny 61 

rights  of,  in  assignments 64 

Mountain  quail.    (See  Fish  and  Game.) 
Municipal  buildings,  governing  body 

may  provide  for  ._ 186 

powers  of  governing  body 186 

ad  valorem  tax _ 187 

may  condemn  site 187 

Public  Building  Fund _ 187 

must  advertise  for  sealed  proposals..  187 
abstract  of  bids  must  be  published...  187 

contracts 188 

payments  on  contracts 188 

plans  and  specifications 189 

Municipal  corporations,  organization  of   24 

appointees _ 24, 117 

classification  of  Trustees.. 24 

classification  of  Boards  of  Education    24 

elections  in... 24,  117 

may  change  fiscal  year 91 

may  re-fund  indebtedness 166 

of  sixth  class,  government  of _.  210 

of  sixth  class,  may  disincorporate 84 

terms  of  office  in ..24,  117 

may  incur  indebtedness  to  prevent 

overflow 70 

Municipal  officers,  term  of  office 117 

N 

National  Guard  of  California,  consists 

of  what 137 

qualifications  of  staff  officers 137 

discharges,  etc 138 

colors : 139 


Page. 

National  Guard  of  California—  Contin- 
ued. 
only  National    Guard  to  drill  with 

arms 139 

number  of  officers  and  privates 139 

infantry 139 

cavalry _ 139 

foot  battery _ 139 

field  battery 140 

naval  battalion 140 

United  States  Army  rules,  etc 140 

honorary  members 140 

musters  and  rolls. 140 

signal  corps 140 

regiments,  cavalry  and  artillery 141 

field  officers.. 141 

election  of  field  officers 141 

staff  of  Colonel... 142 

staff  of  Lieutenant-Colonel  and  Major  142 
qualifications  of  Surgeons  and  assist- 
ants, Judges-Advocate,  Engineers, 

and  Chaplains 142 

number  of  brigades 142 

division 142 

staff  of  Brigadier-General 143 

drills  and  encampments 143 

cavalry  drills 143 

uniforms ...138,  144 

price  of  uniforms 144 

active  service,  when  and  by  whom 

called _ 144 

command  in  active  service 145 

oourts-martial  _. 145 

court  of  inquiry 146 

expenses,  payment  of _  147 

Nominations,  certificates  of,  when  to  be 

filed - 231 

Nominees,  eligibility  of 231 

vacancy  in  list 231 

withdrawal  of. 231 


Officers,  county  and  township,  may  re- 
voke appointments  7 

county,  to  pay  deputies  in  counties 

of  eighth  and  one  half  class 12 

election,  unqualified  persons  acting 

as 58 

election  of,  in  municipal  corporation  s .  1 17 

judicial,  misconduct  of 28 

municipal,  term  of .  117 

State,  not  to  be  charged  fees  by  Sec- 
retary of  State _ 53 

State,  may  employ  counsel,  when 55 

Organization   of    municipal   corpora- 
tions..  24 

Orphans,  Half,  adoption  of 36 

Overflow,  Protection  from 70 

municipal   corporations    may   incur 

debts  to  prevent  overflow 70 

mannerof  procedure.. 70 

duties  of  City  Council 70 

publication  and  elections 71 

newspaper  publication. _  71 

elections,  how  held _.  71 

two-thirds  vote  necessary. 71 

•    bonds _ ..71,  72 

sinking  fund __ 72 

powers  of  City  Council 72 

contracts,  how  let _ _.  73 

additional  bonds  by  Treasurer 73 

see  also  Protection  Districts. 


—  288 


Page. 
P 

Paid  Fire  Departments,  members  to 
have  yearly  vacation 60 

Parents,  non-resident,  adoption  of  chil- 
dren of -_-.- 36 

of  persons  committed  to  State  reform 

schools  must  pay  ... 88 

Paroled  pupils,  Whittier  and  lone 
schools 68 

Payment  of  commission  for  collection 

of  delinquent  taxes,  legalized 69 

Penal  Code,  amendments  to- 
Sec.  40,  unqualified  person  acting  as 

election  officer 58 

Sec.  94,  fees  of  Court  Reporters,  and 

misconduct  of  j  udicial  officers 27 

Sec.  99,  relative  to  Superintendent  of 

State  Printing 184 

Sec.  3103^,  relative  to  keeping  open 

barber  shops  and  bath  houses 191 

Sec.  487,  grand  larceny  defined 32 

Sec.  502}^,  removal  of  improvements 
from    mortgaged  real   property  is 

larceny  ._ 61 

Sec.  626,  destruction  of  quail,  robin, 

duck,  or  rail,  when  prohibited 200 

Sec.  626a,  mountain  quail  or  grouse  _.  200 

Sec.  6266,  doves 201 

Sec.  626c,  male  deer  ._ 201 

Sec.  626d,  female  deer,  spotted  fawn, 

elk,  etc __ 201 

Sec.  626e,  sale  of  hides  and  meat  pro- 
hibited  _ 201 

Sec.  626f,  sale  or  transportation   of, 

prohibited _ 201 

Sec.    626p,    pheasants    protected    for 

three  years 202 

Sec.  626ft,  having  game  in  possession 

during  close  season,  a  misdemeanor  202 
Sec.    626*,  close    season    for    certain 

game,  specified 202 

Sec.  627,  caliber  of  shotguns 202 

Sec.  627a,  shooting  upon  posted  land.  202 
Sec.  6276,  transportation  of  game  or 

skins  out  of  State,  a  misdemeanor..  202 
Sec.  627c,  protection  to  song  birds  and 

their  nests 203 

Sec.  627a",  fish  and  game,  penalties...  203 
Sec.  628,  striped  bass,  sturgeon,  black 

bass 203 

Sec.  628a,  lobsters  and  crawfish 204 

Sec. 629,  wire  screens  must  be  main- 
tained, when 204 

Sec.  631,  netting  and  trapping  of  quail, 

etc.,  prohibited 204 

Sec.  632,  trout  to  be  taken  only  by 

hook  and  line 205 

Sec.  632a,  fish  and  game,  use  of  explo- 
sives prohibited.. 205 

Sec.  6326,  only  hook  and  line  to  be 
used  in  streams  where  United  States 

hatchery  is  located 205 

Sec.  633,  trout,  close  season  for 205 

Sec.  634,  salmon,  close  season  for 205 

Sec.  635,  pollution  of  streams. 206 

Sec.  636,  nets,  traps,  etc.,  prohibited..  206 
Sec.  731,  commander  of  troops  to  use 
discretion  in  attacking  mobs,  etc...  149 
•  Sec.  734,  relative  to  drilling  or  parad- 
ing with  arms 149 

Sec.  1089,  relative  to  alternate  jurors.  220 

Penalties,  delinquent  tax  sales 22 

unqualified  person  acting  as  election 
officer 58 


Page. 
Persons,  Aged  and  indigent,  appropria- 
tion for,  repealed 23 

Person,  Unqualified,  acting  as  election 

officer 58 

Personal  property,  fraudulent  transfers 
of 43 

what  may  be  mortgaged 48 

Personal  taxes,  all  laws  relative  to  as- 
sessment and  collection  of,  general.  236 
Pheasants.    (See  Fish  and  Game.) 
Physician,  to  be  appointed  to  hold  au- 
topsies, where 46 

Plaintiff  may  dismiss  civil  action 28 

Plans,  Altered,  unfinished   buildings, 

contracts  valid _.  121 

Plants,  rock-crushing _..  218 

Pledge-holder  may  purchase  property 

pledged ...r _...    25 

Police  Court,  clerks  of 83 

Political  Code,  amendments  to— 

Sec.  416,  fees  to  be  collected  by  Secre- 
tary of  State 52 

Sec.  472,  Assistant  Attorney-General, 
and  deputies ._ 54 

Sec.  531,  Superintendent  of  State 
Printing,  duties  of 182 

Sec.  532,  Superintendent  of  State 
Printing;  letting  contracts  for  paper  183 

Sec.  539,  Superintendent  of  State 
Printing  to  engross  and  enroll  bills    82 

Sec.  752,  relative  to  fees  to  be  collected 
by  Clerk  of  Supreme  Court  26 

Sec.  1075,  Board  of  Election  Commis- 
sioners  267 

Sec.  1076,  powers  of  Board  of  Election 
Commissioners 269 

Sec.  1077,  Clerk  of  the  Board  of  Elec- 
tion Com  missioners 269 

Sec.  1078,  Election  Commissioners; 
County  Clerk  and  Clerk  of  Com- 
mon Council  shall  perform  certain 
duties 270 

Sec.  1079,  Election  Commissioners; 
expenditure  of  public  money  to  be 
under  the  supervision  of  Board 270 

Sec.  1080,  Election  Commissioners ; 
application  of  provisions  of  article.  270 

Sec.  1094,  Great  Register  to  be  kept..  178 

Sec.  1096,  substance  of  entry  on  Great 
Register 179 

Sec.  1113,  Clerk  to  arrange  registra- 
tions by  precincts 180 

Sec.  1114,  Clerk  shall  keep  supplemen- 
tal register,  showing  changes 180 

Sec.  1115,  Great  Register  to  be  printed  181 

Sec.  1116,  printed  copies,  how  distrib- 
uted  181 

Sec.  1142,  Boards  of  Election,  how  ap- 
pointed   230 

Sec.  1192,  certificates  of  nomination 
shall  be  filed,  when 231 

Sec.  1199,  elections;  ballots  to  be  pro- 
vided   232 

Sec.  1203,  elections;  ballot-boxes 232 

Sec.  1204,  elections  ;  manner  of  voting  233 

Sec  1207,  elections;  spoiled  ballots. _.  233 

Sec.  1208,  elections;  assistance  to  elect- 
ors unable  to  read 234 

Sec.  1258,  elections;  tally  sheets,  how 
filled ,._.  235 

Sec.  1543,  duties  of  County  Superin- 
tendent of  Schools 49 

Sec.  1670,  high  schools,  how  estab- 
lished  221 


289 


Page. 

Political  Code— Continued. 

Sec.  1671,  county  high  schools 227 

Sec.  1880,  public  schools;  elections 
must  be  Held,  on  issuing  school  dis- 
trict bonds  for  certain  purposes 189 

Sec.  1884,  public  schools;  canvass  of 
vote,  and  duties  of  Trustees  in  cer- 
tain contingency _ 189 

Sec.  1886,  public  schools;  bonds 190 

Sec.  1912,  National  Guard;  of  what  it 
consists . .-.  137 

Sec.  1919,  National  Guard;  qualifica- 
tions of  staff  officers 137 

Sec.  1923,  National  Guard;  uniforms.  137 

Sec.  1929,  National  Guard;  discharges, 
when  and  by  whom  granted ..  138 

Sec.  1932,  National  Guard;  dishonor- 
able discharge  bar  to  re-entry 138 

Sec.  1942,  National  Guard;  colors; 
parading  with  arms 139 

Sec.  1962,  National  Guard;  number  of 
officers  and  privates 139 

Sec.  1970,  National  Guard;  muster  and 
muster  rolls 140 

Sec.  1980,  National  Guard;  signal  corps  140 

Sec.  1983,  National  Guard;  regiments 
of  cavalry  and  artillery 141 

Sec.  1984,  National  Guard;  field  offi- 
cers   _. 141 

Sec.  1985,  National  Guard ;  mode  of 
election  of  field  officers 141 

Sec.  1987,  National  Guard.   (Repealed)  141 

Sec.  1988,  National  Guard.  (Repealed)  141 

Sec.  1989,  National  Guard    (Repealed)  142 

Sec.  1990,  National  Guard;  staff  of 
Colonel,  Lieutenant-Colonel,  and 
Major ..- 142 

Sec.  1991,  National  Guard ;  Surgeons 
and  Assistant  Surgeons,  Judges- Ad- 
vocate, Engineers,  and  Chaplains.  142 

Sec.  2003,  National  Guard ;  number  of 
brigades 142 

Sec.  2004,  National  Guard  ;  division..  142 

Sec.  2005,  National  Guard.   (Repealed)  143 

Sec.  2007,  National  Guard ;  staff  of 
Brigadier-General . . 143 

Sec.  2022,  National  Guard  ;  drills  and 
encampments 143 

Sec.  2024,  National  Guard ;  cavalry 
drills —  143 

Sec.  2027,  National  Guard  ;  uniforms.  143 

Sec.  2040,  National  Guard ;  when  and 
by  whom  troops  may  be  called  into 
active  service 144 

Sec.  2048,  National  Guard ;  organiza- 
tion and  command  in  active  service  145 

Sec.  2076,  National  Guard;  courts- 
martial 145 

Sec.  2083,  National  Guard ;  courts  of 
inquiry 146 

Sec.  2094,  National  Guard ;  allowance 
and  payment  of  expenses 146 

Sec.  2218,  commitment  of  insane  per- 
sons   33 

Sec.  2800,  county  may  purchase  toll 
road,  how -.  149 

Sec.  3022%,  Supervisors  shall  cause 
home  for  inebriates  to  be  erected  ..  154 

Sec.  3607,  revenue  and  taxes;  property 
subject  to  taxation 237 

Sec.  3617,  revenue  and  taxes;  certain 
terms  and  phrases  defined.  _ 237 

Sec.  3628,  revenue  and  taxes;  prop- 
erty, where  assessed 238 

19 


Page. 

Political  Code— Continued. 

Sec.  3630,  revenue  and  taxes;  Super- 
visors to  furnish  blank  forms  of 
statements,  etc. _• 238 

Sec.  3640,  revenue  and  taxes;  Assessor 
to  make  field-enrollment,  as  re- 
quired by  State  Board  of  Equaliza- 
tion   _ 239 

Sec.  3650,  revenue  and  taxes;  prop- 
erty, how  listed  by  Assessor 240 

Sec.  3651,  revenue  and  taxes;  index 
to  assessment  book 241 

Sec.  3653,  revenue  and  taxes;  certified 
copy  of  assessment  book  to  be  fur- 
nished cities  and  towns,  on  re- 
quest  241 

Sec.  3654,  revenue  and  taxes;  assess- 
ment map-books,  etc.,  to  be  deliv- 
ered to  Clerk  of  the  Board  of  Super- 
visors   242 

Sec.  3655,  revenue  and  taxes;  state- 
ment by  Assessor  to  State  Board  of 
Equalization,  to  show  what .-  242 

Sec.  3656,  revenue  and  taxes;  penalty 
for  failure  to  complete  and  trans- 
mit statement  242 

Sec.  3658,  revenue  and  taxes;  Super- 
visors to  furnish  Assessor  with 
maps 242 

Sec.  3661,  revenue  and  taxes;  District 
Attorney  to  prosecute  Assessor  for 
unpaid  taxes,  when 243 

Sec.  3662,  revenue  and  taxes;  judg- 
ment, when  entered  against  As- 
sessor  _ 243 

Sec.  3663,  revenue  and  taxes;  ditches, 
roads,  telegraph  and  telephone 
lines,  how  assessed 243 

Sec.  3666,  revenue  and  taxes;  record 
of  assessments  of  railways 243 

Sec.  3667,  revenue  and  taxes;  Super- 
visors must  fix  rate  of  taxation, 
and  Clerk  must  notify  Controller..  244 

Sec.  3670,  revenue  and  taxes;  Con- 
troller must  bring  action  for  collec- 
tion of  delinquent  taxes 244 

Sec.  3678,  revenue  and  taxes;  County 
Recorder  must  transmit  abstract  of 
mortgages,  etc 245 

Sec.  3680,  revenue  and  taxes ;  property 
sold  for  taxes 246 

Sec.  3692,  revenue  and  taxes ;  gen- 
eral duties  of  Board  of  Equaliza- 
tion  246 

Sec.  3693,  revenue  and  taxes ;  Board  of 
Equalization  to  equalize  assess- 
ments, how _ 248 

Sec.  3694,  revenue  and  taxes ;  penalty 
for  failure  of  Auditor  to  forward 
statement.. _.  248 

Sec.  3704,  revenue  and  taxes ;  dutv  of 
Board  of  Equalization  upon  failure 
of  Supervisors  to  supply  Assessors 
with  necessary  facilities,  etc 248 

Sec.  3705,  revenue  and  taxes;  State 
Board  of  Equalization  may  extend 
time _ 248 

Sec.  3713,  tax  levy _ 118 

Sec.  3714,  revenue  and  taxes ;  Super- 
visors to  fix  rate  of  county  taxation, 
when j 248 

Sec.  3719,  revenue  and  taxes;  State 
Board  of  Equalization  must  levy 
school  tax _ 249 


—  290 


Page. 
Political  Code— Continued. 

Sec.  3728,  revenue  and  taxes ;  Audi- 
tor to  prepare  duplicate  statement, 
showing  what - 249 

Sec.  3730,  revenue  and  taxes ;  Audi- 
tor to  follow  directions  of  State 
Board  of  Equalization  in  equaliz- 
ing property _ 249 

Sec.  3731,  revenue  and  taxes;  Audi- 
tor to  compute  and  enter  taxes 
against  property 249 

Sec.  3732,  revenue  and  taxes ;  delivery 
of  assessment  book 250 

Sec.  3733.    (Repealed) 250 

Sec.  3734,  revenue  and  taxes;  Tax 
Collector  charged  with  full  amount 
of  taxes  levied 250 

Sec.  3736,  revenue  and  taxes ;  transfer 
of  books  from  one  collector  to 
another 250 

Sec.  3737.    (Repealed) 250 

Sec.  3738,  revenue  and  taxes;  Audi- 
tor to  furnish  Assessor  "personal 
property"  receipts 250 

Sec.  3746,  revenue  and  taxes;  Tax 
Collector  to  publish  notice  specify- 
ing, what  250 

Sec.  3747,  revenue  and  taxes ;  pay- 
ment of  taxes  on  particular  lots, 
etc _ - 251 

Sec.  3748,  revenue  and  taxes;  taxes, 
where  payable 251 

Sec.  3752,  revenue  and  taxes;  taxes  of 
decedents  and  insolvents,  now  paid  251 

Sec.  3756,  revenue  and  taxes;  when 
taxes  are  delinquent,  addition  there- 
to of  fifteen  percent 251 

Sec.  3758,  revenue  and  taxes;  Auditor 
and  Collector  to  compare  books 252 

Sec.  3759,  revenue  and  taxes;  when 
delinquent  list  must  be  completed .  252 

Sec.  3762,  revenue  and  taxes;  Tax 
Collector  charged  with  delinquent 
taxes  and  penalty 252 

Sec.  3764,  revenue  and  taxes;  publica- 
tion of  delinquent  list,  must  contain  252 

Sec.  3765,  revenue  and  taxes;  Tax  Col- 
lector must  publish  notice 18,  253 

Sec.  3766,  revenue  and  taxes;  manner 
of  making  publications 253 

Sec.  3767,  revenue  and  taxes;  publica- 
tion must  designate  day  of  sale 253 

Sec.  3768.    (Repealed) 253 

Sec.  3770,  revenue  and  taxes;  Collector 
must  collect  additional  sum  to 
defray  costs _ 253 

Sec.  3771,  revenue  and  taxes;  all  delin- 
quent property  "sold  to  the  State," 
by  operation  of  law,  etc 253 

Sec.  3772,  revenue  and  taxes;  Tax  Col- 
lector must  report  sales  in  detail  to 
Controller _ 254 

Sec.  3773,  revenue  and  taxes;  payment 
of  taxes  and  costs 18 

Same.    (Repealed) 254 

Sec.  3774.    (Repealed) 254 

Sec.  3775.    (Repealed) - 254 

Sec.  3776,  revenue  and  taxes;  Collector 
to  give  purchaser  duplicate  certifi- 
cate of  sale _ 254 

Sec.  3777,  revenue  and  taxes ;  certifi- 
cates must  be  filed  with  Recorder..  254 

Sec.  3778,  revenue  and  taxes;  Collector 
to  enter  description  of  land 19 


Page. 

Political  Code— Continued. 

Sec.  3778.    (Repealed) 254 

Sec.  3779.    (Repealed) 254 

Sec.  3780,  revenue  and  taxes ;  redemp- 
tion of  property,  time  for 255 

Sec.  3781,  revenue  and  taxes  ;  Treas- 
urer to  account  for  moneys 19 

Same,  revenue  and  taxes ;  redemp- 
tion, how  made 255 

Sec.  3785,  revenue  and  taxes;  propertv 
not  redeemed  within  time  allowed 
by  law,  must  be  deeded  to  the 
State 19,255 

Sec.  3787,  revenue  and  taxes;  what 
recitals  are  conclusive  evidence 256 

Sec.  3788,  revenue  and  taxes ;  what 
deed  conveys 20 

Same,  revenue  and  taxes  ;  State  lands 
not  paid  for  in  full,  subject  to  entry 
and  sale _ 256 

Sec.  3789,  revenue  and  taxes ;  what, 
prima  facie  evidence  of  assessment.  256 

Sec.  3790,  revenue  and  taxes ;  seizure 
and  sale  of  personal  property  for 
taxes... 256 

Sec.  3793,  revenue  and  taxes  ;  fee  for 
selling  personal  property 257 

Sec.  3797,  revenue  and  taxes ;  Auditor 
and  Collector  must  compare  books.  257 

Sec.  3799,  revenue  and  taxes;  final 
settlement,  Auditor  and  Collector..  257 

Sec.  3800,  revenue  and  taxes;  Collector 
must  make  affidavit 257 

Sec  .3801,  revenue  and  taxes;  Collector 
must  report  sales  for  delinquent 
taxes  to  Auditor,  etc 21,  257 

Sec.  3803.    (Repealed) 257 

Sec.  3804,  revenue  and  taxes ;  taxes 
illegally  collected  to  be  refunded  ..  257 

Sec.  3805,  revenue  and  taxes;  when 
land  assessed  more  than  once 258 

Sec.  3808,  revenue  and  taxes ;  persons 
removing  from  one  county  to  an- 
other...  _ 258 

Sec.  3810.    (Repealed) 258 

Sec.  3811.    (Repealed) 259 

Sec.  3812.    (Repealed) _.  259 

Sec.  3813,  revenue  and.  taxes ;  property 
sold  to  the  State  to  be  assessed  sub- 
sequently   .21,259 

Sec.  3814,  revenue  and  taxes;  after 
"  sold  to  the  State,"  no  sale  to  be  had 
for  assessments 259 

Sec.  3815,  revenue  and  taxes ;  all  costs, 
etc.,  must  be  paid  before  redemp- 
tion  _ 259 

Sec.  3816,  revenue  and  taxes ;  moneys 
received  on  account  of  redemption, 
how  distributed 21,  259 

Sec.  3817,  revenue  and  taxes ;  right  of 
redemption 22,  260 

Sec.  3818,  revenue  and  taxes ;  redemp- 
tion may  be  made  of  separate  lots 
or  parcels  of  land 261 

Sec.  3819,  revenue  and  taxes;  pay- 
ment of  taxes  under  protest,  in 
writing 261 

Sec.  3820,  revenue  and  taxes ;  Assessor 
must  collect  taxes  on  personal  prop- 
erty, when 262 

Sec.  3823,  revenue  and  taxes ;  amount, 
how  determined _ 262 

Sec.  3826,  revenue  and  taxes ;  Assessor 
must  make  monthly  settlement  ...  262 


—  291  — 


Page. 
Political  Code—  Continued. 
Sec.  3829,  revenue  and  taxes;  compen- 
sation to  Assessor  for  collection  __.  262 

Sec.  3830.    (Repealed) 262 

Sec.  3831,  revenue  and  taxes ;  Auditor 
must  ascertain  from  Assessor  final 

amount  of  taxes  delinquent 262 

Sec.  3840,  revenue  and  taxes ;  poll  tax, 

when  to  be  collected 263 

Sec.  3841,  revenue  and  taxes  ;  County- 
Treasurer  to  have  blank  poll  tax 

receipts  printed _ 263 

Sec.  3854,  revenue  and  taxes ;  Assess- 
or's final  yearly  settlement  of  poll 

taxes 263 

Sec.  3858,  revenue  and  taxes ;  poll  tax 

receipts  to  be  delivered  to  Auditor.   263 
Sec.  3867,  revenue  and  taxes ;  County 
Treasurer     neglecting     to     settle, 

penalty  .. 263 

Sec.  3870,  revenue  and  taxes;  failure 

of  Auditor  to  make  report,  penalty.  263 
Sec.  3871,  revenue  and  taxes;    Con- 
troller to  deduct  fees,  mileage,  etc., 

on  settlement 263 

Sec.  3873,  revenue  and  taxes;   Con- 
troller's statement  to  contain  what.  264 
Sec.  3878,  revenue  and  taxes ;  prosecu- 
tion of  officer  guilty  of  defrauding 

State  of  revenue.. 264 

Sec.  3881,  revenue  and  taxes ;  correc- 
tion of  errors,  etc.,  in  assessment 

books 264 

Sec.  3886.    (Repealed)... 264 

Sec.  3888,  revenue  and  taxes;  taxes 
payable  in  lawful    money  of   the 

United  States 264 

Sec.  3893.    (Repealed) 264 

Sec.  3894.    (Repealed) 264 

Sec.  3895.    (Repealed) 264 

Sec.  3896.    (Repealed)... 264 

Sec.  3897,  revenue  and  taxes;  Con- 
troller may  direct  the  sale  of  prop- 
erty deeded  to  the  State 264 

Sec.  3898,  revenue  and  taxes ;  moneys 

received,  how  distributed... 265 

Sec.  3899,  revenue  and  taxes;    Con- 
troller may  direct  Collector  not  to 
proceed  in  sale  of  property,  when  .23, 265 
Sec.  3900,  revenue  and  taxes;  officials 
may  designate  where  action  shall 

be  commenced 266 

Sec.  4235,  lien  of  judgments  of  Federal 

Courts 46 

President  of  Board  of  Directors,  may 

destroy  unsold  irrigation  bonds 91 

Preston  School  of  Industry,  Superior 

Judges  only  shall  commit  to 88 

evil-disposed  persons  prohibited  from 

coming  upon  grounds 68 

depositing    arms     or    explosives,    a 

felony _ 68 

other  articles,  a  misdemeanor 68 

ex-convicts,  not  to  communicate  with 

pupils  of 68 

tramps  and  vagrants,  prohibited 68 

paroled  pupils 68 

literature,  etc - 69 

Primary  elections 157 

conventions,  defined . 158 

general  primaries,  time  of  holding  ._  158 
Conventions,  necessary  proceedings..  158 

petition,  when  by 159 

election  officers,  how  drawn 159 

election  officers,  how  selected _.  160 


Page. 
Primary  elections— Continued. 

publication _ 160 

officers  of  election,  must  serve 160 

exemption  from  jury  duty 161 

ballot-boxes 161 

color  of  ballots _ 161 

manner  of  voting 162 

polling  places. 162 

polls  open _ 162 

registration  necessary _ 162 

canvass  of  votes 162 

certificates  of  election 163 

delegates  to  State  convention 163 

general  challenger 163 

special  challenger 164 

powers  of  challengers 164 

illegal  voting _.  164 

Srimaries,  all  parties  same  time 164 
istrict  conventions 164 

form  of  ballot _ 165 

names  of  delegates  to  be  numbered..  166 

apportionment  of  delegates 166 

eligibility 166 

certificate  of  election 166 

size  of  ballot 166 

expenses,  how  provided  for.. 166 

election  commissioners,  who  consti- 
tute  _.  167 

offenses,  defined 167 

penalties  prescribed 167 

candidates,  how  qualified 167 

one  hundred  feet  limit 167 

saloons 168 

duties  of  clerk 168 

Presidential  Electors,  procedure 168 

Act,  where  operative 168 

free  distribution  of  copies  of  Act 168 

Printer,  State,  to  engross  and  enroll 

bills.. 82 

see  also  Superintendent  of  State  Print- 
ing. 

Prisoners,  Sheriff's  per  diem  in  trans- 
portation of,  a  State  charge _.    13 

Privileged  publication,  defined. _.  123 

Proceedings,  in  foreclosure  suits 74 

relative  to  taxation  of  inheritance  for 
term  of  years 30 

Property,  adverse  claims  to,  action  to 

determine 57 

mortgaged,     removal     of     improve- 
ments, larceny 61 

personal,  what  may  be  mortgaged...    48 

pledged,  pledgee  may  purchase 25 

sale  of,  for  delinquent  taxes 18 

sold  on  execution,  redemption  of 175 

Protection  from  overflow _.    70 

Protection  districts,  to  prevent  over- 
flow  _ 191 

Board  of  Supervisors  may  organize.  191 

notice  of  intention  to  form 192 

publication  of  notice.. 192 

objection,  who  may  make. 192 

hearing  of  objection 192 

may  condemn  land 193 

survey 193 

damages,  commission  to  assess 193 

oath 193 

bond 193 

powers _ _ 193 

charges  and  expenses,  how  paid 193 

commissioners  to  view  lands,  etc 193 

assessment 194 

commissioners,  report  with  plat 194 

report,  what  shall  contain 194 

claims,  conflicting.. _ _..  194 


—  292  — 


Page. 

Protection  districts— Continued. 

commissioners,  compensation  of 195 

report  and  plat  to  be  filed 195 

form  of  notice « 195 

obj  ections  to  be  in  writing 195 

assessments  and  taxes,  powers  of  Su- 
pervisors  196 

protection  district  fund 196 

Tax  Collector,  duty  of 197 

delinquent  assessments _ 197 

surplus  money  refunded,  how 197 

damages  award,  notice  of 197 

owners,  unknown,  notice  to 197 

proof  of  service _ 198 

right  of  way,  proceedings 198 

right  of  way,  when  defective 198 

work,  may  be  done  by  contract 198 

bids  to  be  advertised  for. 198 

contents  of  notice 198 

contractor,  to  give  bond 199 

straightening,  defined... 199 

money  mav  be  advanced 199 

Act  liberally  construed 199 

Publication,  by  assignee 63 

privileged,  defined 123 

Public    Administrator,    salary    of,    in 
counties  of  eighth  and  a  half  class.      7 

fees  of 217 

to  file  reports 35 

to   report   to    County    Clerk     semi- 
annually   90 

to  publish  returns  of  estates  semi- 
annually..'  116 

Public  buildings,  completion  of 122 

taxes  to  complete 122 

no  part  of  taxes  for  furniture 122 

what  part  of  taxes  for  repairs 123 

see  also  Contracts. 

Public    schools,   election,    on   issuing 

bonds 189 

canvassof  votes 189 

duties  of  Trustees... 189 

bonds 190 

validity  of  proceedings 190 

validity  of  bonds 190 

Public  School  Teachers'  Annuity  Fund  126 

Pupils,  Paroled,  Whittier  and  Preston 
schools 68 

Pure  extract  of  honey,  defined 69 

Purity  of  elections _ 177 

nominations  to  be  filed 177 

certificates  to  be  signed 177 

auditing  committee 177 

independent  candidates 177 

duties  of  committee.. 177 

vacancies  in  committee 178 

Q 

Quail.    (See  Fish  and  Game.) 

Question  of  fraud,  how  determined 115 

R 

Rail.    (See  Fish  and  Game.) 
Railroad,  franchises  for  underground 

and  elevated 186 

Receipts  for  delinquent  taxes  may  be 

recorded 22 

Reclamation  districts;  issue  of  bonds, 

trustees  shall  order  election 150 

notice  of  election 150 

notice  must  specify _ 150 

voters,  qualifications  of 151 

ballots,  what  to  contain  ._ 151 


Page. 

Reclamation  districts;  issue  of  bonds— 
Continued. 

vacancies  on  election  board 151 

oath _ __  ...  151 

polls,  etc _ 151 

canvass 151 

bonds _ _ 151 

interest 152 

payment  of  bonds 152 

Sroceeds  f  rom  sale  of  bonds 152 
isbursements 152 

taxes 152 

districts  in  different  counties 153 

no  fees 153 

expenses,  how  paid 153 

Recorded,  what  to  be 46 

Recorder,  fees  of  _. 213 

fees  of,  in  counties  of  eighth  and  one 
half  class . 7,9 

Recording  of  conveyances 45 

Redemption,  time  of 19 

money,  how  distributed 21 

right  of 22 

right  of,  in  assignments 64 

of  real  property 157 

of  property  sold  on  execution 175 

Re-funding  fund,  municipal    corpora- 
tions  156 

Re-funding   indebtedness,    municipal 
corporations 156 

Registration  of  voters 178 

Great  Register  to  be  kept _ 178 

registration  shall  commence,  when..  178 

transfers _ 179 

landlords  shall  keep  lists 179 

penalty  for  neglect 179 

entry  on  Great  Register 179 

Clerk  to  arrange  registration,  how...  180 
Clerk  shall  keep  supplemental  reg- 
ister..  180 

Great  Register,  must  be  printed. 181 

form 181 

printing,  supplemental  register 181 

number  of  copies 181 

how  distributed.. 181 

Relief  Fund,  Exempt  Firemen's 80 

Remains,  Human,  removal  from  ceme- 
teries   116 

Repeal  of  Aged  and  Indigent  Act 23 

of  Banking  Act 60 

Report  of  appraiser,  collateral  inherit- 
ance   ._ 31 

Reporter,  Stenographic,  to  Coroner.  .  124 

Reports  of   Public  Administrators  to 

be  filed 35 

duty  of  District  Attorney,  on  failure 
to  file  report 35 

Revenue  and  Taxation,  law  relative  to— 

property  sub j  ect  to  taxation   237 

terms  and  phrases  defined 237 

property,  where  assessed 238 

lands,  how  assessed 238 

assessment  to  be  made,  when 238 

Supervisors  to  furnish  blanks 238 

Assessor  to  make  enrollment _.  239 

poll  tax  and  personal  property  tax..  239 
character  of  land,  Assessor  to  note..  240 

property,  how  listed 240 

assessment  book,  index  to 241 

assessment  book,  certified  copy  of...  241 

personal  property,  description  of 241 

assessment  map,  etc _ 242 

Assessor,  statement  of,  etc 242 

maps,  Supervisors  to  furnish 242 


—  293 


Page. 

Revenue  and  Taxation— Continued. 
Assessor,  statement,  penalty  for  fail- 
ure to  make _ __ ...    242 

costs,  how  paid  ._ ... 242 

District  Attorney  to   prosecute   As- 
sessor, when 243 

judgment,  when  entered 243 

ditches,    roads,  telegraph  and    tele- 
phone lines _ 243 

railways,  record  of  assessment  of 243 

railway  assessment,  record  of  appor- 
tionment of _-  243 

Controller's  warrant  to  collect 244 

Supervisors  must  fix  rate,  etc 244 

Controller  must  bring  action  __ 244 

counsel  fees 245 

duplicates,  prima  facie  evidence 245 

Recorder  must  transmit  abstract 245 

Sroperty  sold  for  taxes _ 246 
Iqualization,  general  duties  of  Board 

of 246,  247 

assessment,  how  equalized 248 

Auditor,  penalty  for  failure 248 

Supervisors,  on  failure  to  supply. ..    248 
State  Board  Equalization  may  extend 

time _ 248 

Supervisors  to  fix  rate,  when 248 

school  tax,  State  Board  must  levy 249 

Auditor's  duplicate,  to  show 249 

Auditor  to  follow  directions  of  State 

Board.. 249 

Auditor  to  compute  and  enter  taxes.  249 

assessment  book,  delivery  of 250 

Auditor's  affidavit 250 

Collector  charged  with  full  amount..  250 
Collector,  transfer  of  book  from  one 

to  another _ 250 

Auditor  to  furnish  receipts 250 

Collector  to  publish  notice.. 250 

taxes,  payment  on  particular  lots 251 

taxes,  where  payable 251 

taxes,  decedents',  etc.,  how  paid 251 

taxes,  delinquent,  penalty  added 251 

Auditor   and  Collector   to   compare 

books  -- 252 

delinquent  tax  list,  when  completed.  252 
Collector    charged   with    delinquen- 
cies   252 

delinquent  list,  publication 252 

sale,  notice  of... 253 

publication,  manner  of 253 

publication    must  designate  day  of 

sale... 253 

Collector  to  collect  additional  sum  ..  253 
delinquent  property  "sold  to  State"..  253 

State  may  bring  suit 254 

Collector  to  report  sales  to  Controller  .  254 
Collector  to  give  duplicate  certificate  .  254 
certificates  to  be  filed  with  Recorder  _  254 
Recorder  to  enter  facts  of    redemp- 
tion  254 

redemption  of  property,  time  for 255 

redemption  of  property,  how  made..  255 
property  not    redeemed,  deeded   to 

State... _ 255 

Controller  to  record  deeds  to  State...  255 
deeds   for    delinquent    land,    where 

filed 255 

what  recitals  conclusive  evidence 256 

State  lands  not  paid  in  full,  subject 

to  entry  and  sale. 256 

former  possessors  to  have  preference.  256 

purchase  money,  how  distributed 256 

assessment,  prima  facie  evidence  of..  256 


Page. 
Revenue  and  Taxation— Continued. 
personal  property,  sale  of,  for  taxes ..  257 

personal  property,  fee  for  selling 257 

Auditor  and  Collector,  must  compare.  257 
Auditor  and  Collector,  final    settle- 
ment  ._ 257 

Collector  must  make  affidavit 257 

Collector  must  report  sales  to  Aud- 
itor  257 

taxes,  illegally  collected,  must  be  re- 
funded  257 

Treasurer,  how  reimbursed 258 

land  assessed  more  than  once 258 

persons  removing  to  another  county.  258 
property  "sold  to  State"  to   be   as- 
sessed  259 

property  "  sold  to  State"  not  to  be  re- 
sold   _.  259 

redemption,  all  costs  to  be  repaid 259 

redemption    moneys   received,    how 

distributed 259 

redemption,  right  of _._  260 

penalties  to  be  paid _ 260 

penalties,  how  computed 260 

Auditor  to  estimate  amount 260 

application  of  Act 261 

redemption  of  separate  lots 261 

Recorder  shall  note _ 261 

taxes,  payment  under  protest.. 261 

suit  to  recover __. 261 

Treasurer,  how  reimbursed _.  261 

taxes  on  personal  property,  collected 

when 262 

amount,  how  determined 262 

Assessor  must  make  monthly  state- 

ment._ 262 

Assessor,  compensation  to 262 

Auditor  must  ascertain  taxes  delin- 
quent  262 

District  Attorney  must  bring  action  .  262 

?oll  tax,  when  collected 263 
reasurer  to  supply  poll  tax  receipts  .  263 
Assessor,  annual  settlement  of  poll 

taxes 263 

poll  tax  roll  to  be  delivered  to  Aud- 
itor   263 

Treasurer,  penalty  for  neglect  to  set- 
tle  263 

Auditor,  penalty  for  failure  to  report.  263 
Controller  to  deduct  fees  and   mile- 
age, etc 263 

Controller,     statement    to     contain, 

what 264 

prosecution  for  defrauding  State 264 

assessment  books,  correction  of  er- 
rors   264 

taxes,  payable  in  what 264 

Controller   may  direct  sale  of  prop- 
erty  264 

manner  of  procedure _ _.  265 

sale _ ... -  265 

moneys,  how  distributed 265 

deed 265 

Controller   may  direct  Collector  not 

to  proceed,  when 265 

action  shall  be  commenced,  where..  266 
exceptions  from  provisions  of  Act....  266 
Right  of  eminent  domain,  may  be  exer- 
cised in  behalf  of  what  uses. 66 

Right  of  redemption,  in  assignments..    64 

delinquent  tax  sales 22 

Right  to  trial  by  jury,  adverse  claims.  57 
Rights  of  mortgagee  in  assignments  ..  64 
Rights,  Water,  work  upon 55 


—  294 


Page. 

Right  of  way,  time  allowed,  etc 17 

extension  of  time 17 

forfeiture  of,  etc 17 

Riots,  suppression  of 148 

Road    Commissioners,    salary    of,    in 
counties  of    eighth  and  one   half 

class 7 

Roads  and  Highways  Bureau 207 

Road,  Toll,  county  may  purchase,  how.  149 
Robin.    (See  Fish  and  Game.) 
Rock-crushing  plants,  may  be  estab- 

lished.. 218 

product,  cost  estimated,  how 218 

price,  to  be _ _ 218 

profit,  to  be  deposited 219 

Prison  Directors  may  lease  cars 219 

appropriation 219 

revolving  fund 219 

Roll,  Judgment,  what  constitutes 42 

S 
Salary,    of    Assessor    in  counties    of 

eighth  and  one  half  class 7 

of   District  Attorney  in  counties  of 

eighth  and  one  half  class 7 

of  Auditor  in  counties  of  eighth  and 

one  half  class  ... 7 

of  Coroner  in  counties  of  eighth  and 

one  half  class.. 7 

of  County  Clerk  in  counties  of  eighth 

and  one  half  class __. 7 

of    Deputy    Sheriff    in    counties    of 

second  class 13 

of  physician  to  hold  autopsies 46 

of  Public  Administrator  m  counties 

eighth  and  one  half  class 7 

of  Sneriff  in  counties  of  eighth  and 

one  half  class ..- 7 

of  Supervisors  in  counties  of  eighth 

and  one  half  class 7 

of    Superintendent    of    Schools    in 
counties  of    eighth   and  one  half 

class 7 

of  Tax  Collector  in  counties  of  eighth 

and  one  half  class _ 7 

of  Treasurer  in  counties  of   eighth 

and  one  half  class.. 7 

compensation  in  full,  in  counties  of 

eighth  and  one  half  class 12 

Sale  and  redemption  of   certain  real 

property,  how _.  157 

Sanitary  districts 65 

powers  of  Boards 65 

Schools,    County    Superintendent    of, 

duties  of .49-52 

Schools,  High.    (See  High  Schools.) 
School  of  Industry,  Preston.    (See  Pres- 
ton School  of  Industry.) 
School   lands    excepted    from   certain 

provisions ---    23 

Schools,  Public.    (See  Public  Schools.) 
School,  Whittier  State.    (See  Whittier 

State  School.) 
Secretary  of  State,  fees  to  be  collected 

by - 52 

Secretaries  to  Superior  Judges 73 

Senate    Constitutional    Amendments. 

(See  Constitutional  Amendments.) 
Settlement  of  accounts  by  trustees  of 

estates - 53 

Sheriff  s  deputies,  additional,  counties 
of     eighth     and    one    half    class 

excepted 12 

salary  of --    13 


Page. 

Sheriff,  duties  in  assignments 62 

feesof 213 

fees    of,  for   conveying   convicts,  in 

counties  of  eighth  and  a  half  class.    12 
fees  of,  in  counties  of  eighth  and  a 

half  class _ 9 

fees  of,  in  assignments 63 

mileage  of.... 213 

publication  of  assignments  by 62 

salary  in   counties  of  eighth  and  a 

half  class _ 7 

Skimmed-milk  cheese 37 

Slander 123 

malice  not  inferred 124 

Sold  to  State ,  property  for  taxes 18 

Soldiers'  Homes,  sale  of  liquors  near, 

prohibited 118 

Specific  grants,  not  diverted 37 

Spoiled  ballots _ 233 

Spotted  fawn.    (See  Fish  and  Gam,e.) 
State    aid    to    Agricultural    Associa- 
tions  16 

State  Board  of  Examiners,  to  certify  all 
private  claims,  forty-seventh  fiscal 

year.. 266 

State  Controller.    (See  Controller,  State.) 

State  Dairy  Bureau 40 

appropriation  for 41 

State  Library  Fund,  what  constitutes    53 
State  officers,  not  to  be  charged  fees 

by  Secretary  of  State 52 

may  employ  coun  sel,  when 55 

State  Printer,  to  engross  and  enroll 

bills 82 

see     also     Superintendent     of    State 
Printing. 
State  School  at  Whittier,  evil-disposed 
persons   prohibited    from    coming 

upon  grounds 68 

Superior  Judges  only  shall  commit 

children  to 88 

State  Schools  at  Whittier  and  lone, 
Superior  Judges  only  shall  commit 

children  to 88 

parents  shall  pay 89 

counties  shall  pay. _ _.    89 

duty  of  Clerks  of  Court 89 

duty  of  County  Treasurer 89 

duties   of   Superintendent    of    State 

schools  __ 89 

State  Treasurer,  shall  pay  expenses  in 
collateral    inheritance    tax    cases, 

when 32 

see  also  Treasurer,  State. 
Status    of   Agricultural   Associations, 

defined 14 

Stenographers ,  misconduct  of  _ .  _ 27 

Stenographic     Reporter    to    Coroner, 

salary 124 

duties... 124 

oath 124 

certified  report.. 124 

Sturgeon.    (See  Fish  and  Game.) 
Substitutes    for    butter   and    cheese, 
common  carriers  must  not  carry  un- 
marked packages _ 38 

packages  must  be  labeled 38 

unlabeled  packages  not  to  be  had  in 

possession 38 

Suits,  foreclosure  of  mortgage 74 

Sundays,  barber  shops  and  bath-houses 

not  to  keep  open  on,  etc _.  191 

Supervisors,  salary  of,  in  counties  of 
eighth  and  one  half  class 7 


—  295 


Page. 
Supervisors— Continued. 
shall    allow    Sheriff    necessary    ex- 
penses in  counties  of  eighth  and 

one  half  class . 12 

may  grant  additional  assistance 121 

to  pay  for  license  collections 210 

Superintendent  of  Schools,  salary  of,  in 
counties  of  eighth  and  a  half  class..      7 

duties  of 49-52 

Superintendent     of    State     Printing, 

duties  of 182 

discretionary  authority 182 

wages,  what  shall  pay 183 

report  to  Governor. 183 

contracts,  letting  of 183 

no  interest  in  any  contract 184 

see  also  State  Printer  and  State  Print- 
ing Office. 

Superior  Judge,  secretaries  to 73 

shall  commit  to  Whittier  and  Pres- 
ton schools  _ 88 

Supreme    Court,   Clerk  of,  fees  to  be 

collected  by 26 

Suppression  of  riots 149 

Surveyor,  fees  of,  in  counties  of  eighth 
and  one  half  class... 7 

T 

Tally  sheets,  how  filled 235 

Tax  Collector,  salary  of,  in  counties  of 

eighth  and  one  half  class 7 

must  publish  notice 18 

must  enter  description  of  land 19 

to  furnish  lists  of  lands  sold  for  de- 
linquent taxes 21 

when  Controller  may  direct  not  to 

collecttax 23 

see  also  Revenue  and  Taxation. 
Taxes,  all  laws  relative  to  assessment 

and  collection,  general 236 

delinquent,  sale  of  property  for 18 

delinquent,  payment  of  costs 18 

delinquent,  penalties 22 

delinquent,  when  three  hundred  dol- 
lars — 23 

delinquent,  payment  of  commissions 

for  collection,  legalized 69 

must  be  assessed  against  lands  sold 

to  State - 21 

see  also  Revenue  and  Taxation. 
Taxes  and  revenue,  law  relating  to. 

(See  Revenue  and  Taxation.) 
Taxes  to  complete  public  buildings...  122 

no  part  for  furniture _ 122 

what  part  for  repairs 123 

Tax    levy,    forty-seventh    and    forty- 
eighth  fiscal  years... 118 

Tax  on  collateral  inheritances 30 

to  be  deducted  by  administrator,  etc._    30 

when  unpaid,  Treasurer's  duty 32 

when  action  brought,  State  Treasurer 

to  pay  expenses 32 

Teachers',  Public  School,  Annuity  Fund  126 

Term  of  leases,  of  land 59 

Terms    of   office,    municipal    corpora- 
tions  _ -24,  117 

Time  allowed  for  commencing  work, 

right  of  way 17 

extension  of 17 

Time  of   redemption,  delinquent  tax 

sales -- 19 

Time  within  which  act  to  be  done,  ex- 
tended       13 

Title,  absolute,  conveyed  to  State   in 
delinquent  tax  sales. _. 20 


Page. 
Toll  roads,  county  may  purchase,  how.  149 
Tramps    and   vagrants,  not  to  come 
upon  grounds  of  Whittier  or  Pres- 
ton schools _ 68 

Transfer  of  personal  property _.    43 

Transfers  of  wine  in  wineries,  to  be 

recorded _ 43 

Treasurer,  County,  may  appoint  fee 

clerks,  where 120 

money  may  be  deposited  with,  for 

absent  parties _ 58 

salary  of,  in  counties  of  eighth  and 

one  half  class 7 

to  account  for    moneys,  delinquent 

tax  sale 19 

Trial  by  jury  in  adverse  claims 57 

Troops,  not  to  fire  blank  cartridges 149 

Trout.    (See  Fish  and  Game.) 

Trust  fund  for  cemetery  _ 119 

Trustees,  Boards  of,  municipal  corpora- 
tions... 24 

duties  relative  to  taxation 169 

Trustees    of    estates,    settlement    of 

accounts _ 53 

Trustees  of  Teachers'  Annuity  Fund, 

organization  and  duties 126 

who  are  beneficiaries 126 

amount  of  benefits 126 

meetings,  etc 127 

powers. _ 127 

fund,  how  provided _ 127 

consent  of  teachers  necessary 127 

form _ 128 

limit  to  time  for  qualifying... 128 

U 
Underground  railroads,  franchises  for, 

who  may  grant 185 

Unfinished     buildings,    alteration    of 

plans _ 123 

Union  High  Schools.. _.  221 

Unlabeled  butter  packages,  must  not 

be  in  possession _ _.    38 

Unqualified  person,  acting  as  election 

officer _, 58 

V 

Vacancy,  in  list  of  nominees 231 

Validity  of  public  school  bonds 190 

Voters,  registration  of.    (See  Registra- 
tion of  Voters.) 
Voting,  manner  of 230- 

W 

Warden,  Fish  and  Game,  office  created.  125 

Water  rights,  work  upon 55 

Way,  Right  of,  time  allowed,  etc 17 

What  to  be  recorded 46 

Whittier   State    School,    evil-disposed 
persons    prohibited   from    coming 

upon  grounds.. 68 

commitments  to 88 

Wills,  in  evidence  to  determine  adverse 

claims  to  property _ 57 

Witness  fees 217 

in  counties  of  eighth  and  a  half  class.  11 
Women,  Married,  conveyances,  etc.,  by, 

how  executed 47 

may  execute  power  of  attorney 35 

Work,  time  allowed  for  commencing, 

right  of  way 17 

Y 

Year,  Fiscal,  municipal  corporations 
may  change 91 


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